12. Smithson took action against the estate of Upton for nonpayment of a promissory note. Smithson filed the action in federal court under its diversity jurisdiction. The estate claims Upton paid the note in full before his death. The state in which the federal court sits has a dead man statute. At trial, Smithson wishes to testify that shortly before his death, Upton acknowledged that the debt remained unpaid. The estate objects. Which of the following statements is true? a. The court should sustain the objection because of the dead man statute. b. The court should sustain the objection because Smithson's testimony constitutes inadmissible hearsay. c. The court should overrule the objection as there is no federal dead man statute and FRE 601 removes such a ground of witness incompetency. d. The court should sustain the objection both because of the dead man statute and because of the hearsay rule. e. None of the above. Abbott is being prosecuted for the murder of Costello. To prove he did not commit the crime, Abbott wishes to testify that after the murder was committed, Barney, a member of the Coasties, a violent street gang, told him that the Coasties had killed Costello. Abbott is not a member of the Coasties. Which of the following statements is correct? Since Abbott's testimony concerning Barney's statement would be highly self-serving, the court should exclude it as a waste of time. Although Barney's statement is relevant to Abbott's innocence, it is hearsay when offered for that purpose. Barney's statement is not hearsay when offered to prove Abbott's innocence, but it must be excluded because its probative value is substantially outweighed by the danger of unfair prejudice. Barney's statement is relevant non-hearsay when offered to prove Abbott's innocence. None of the above