Upon Almost Being Hit by a Car, a Witness Testifies

question 46

Multiple Choice

Upon almost being hit by a car, a witness testifies that declarant exclaimed, "Are you trying to kill someone?" Which one of the following exceptions to the hearsay rule would the example be considered?

• A) present sense impression
• B) excited utterance
• C) then-existing mental, emotional, or physical condition
• D) past recollection recorded

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Definitions:

REM Sleep

Rapid Eye Movement sleep, a phase of sleep characterized by fast eye movements, dreaming, and bodily paralysis.

Increasing Occurrence

A pattern characterized by the growing frequency of a specific event or condition over a period of time.

Immunity To Disease

The ability of an organism to resist particular diseases, particularly through the presence of antibodies or the cellular immune response.

Slow-Wave Sleep

A deep stage of sleep characterized by slow brain waves, being less responsive to the environment, and is crucial for restorative sleep.