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During his lunch break one day, an employee took a company vehicle to a fast food restaurant and got into an accident on the way
During his lunch break one day, an employee took a company vehicle to a fast food restaurant and got into an accident on the way back. The driver of the other car sued the company. The company, in its defense, claimed that the employee's use of the vehicle was unauthorized. At trial, the company calls the employee's boss. The boss offers to testify that the employee called him five minutes after the accident and stated, "I hope you won't be sore, but I took the company car without permission, and I don't want to be fired." The court should rule that this evidence is Answer Choices A) Admissible as a declaration against interest. B) Admissible as an admission. C) Inadmissible, because the employee was not unavailable. D) Inadmissible, because it violates the employee's 5th Amendment rights
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