Social Studies, 06.04.2020 16:24 nia3378
A witness was stopped at an intersection when she saw a car run a red light, strike the victim in the crosswalk, and proceed through the intersection. The witnessgave a very detailed description of the driver to the police officer at the scene. Based on this description, the police apprehended the defendant and charged him with several criminal counts for the accident. The witness testified at the criminaltrial, but the defendant was acquitted. The victim then filed a civil suit against thedefendant to recover for her injuries. Before the trial of the victim's suit, the witnessdied. In her suit against the defendant, the victim offers into evidence the policereport containing the witness's description of the driver. The defendant objects. The court should find the report:
A. Admissible, because the declarant is unavailable.
B. Admissible, because the report falls within the business records exception to the hearsay rule.
C. Inadmissible, because the report is hearsay not within any exception.
D. Inadmissible, because the report was made by law enforcement personnel for the purpose of prosecuting a criminal case.
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