Question
1. During an embezzlement trial, the plaintiffs attorney is performing a direct examination of a witness. The attorney asks the witness, What happened when you
1. During an embezzlement trial, the plaintiffs attorney is performing a direct examination of a witness. The attorney asks the witness, What happened when you asked your supervisor what they knew about the incident? The witness replies, my supervisor said that Mr. Smith had embezzled money from the company. Smith is the sole defendant in the case. Which of the following is the most accurate statement concerning the witnesss response?
A. The witnesss response is hearsay, but it is admissible because a hearsay exception applies.
B. The witnesss response is not hearsay, and it is admissible.
C. The witnesss response is not hearsay, but it is inadmissible because it is unreliable.
D. The witnesss response is inadmissible hearsay.
2. Which of the following is most often described or characterized as a recommended opening question or request?
A. Can you tell me what happened?
B. Tell me all you know about the incident.
C. Tell me what happened.
D. Would you please tell me what happened?
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