Multistate Bar Examination Practice Question

In a fraud case, the prosecution calls a witness to testify that they heard the defendant admit to the fraudulent activity during a private conversation. However, the witness was present in the room but did not hear any conversation between the defendant and the victim. Based on the requirement of personal knowledge, which statement is correct regarding the witness's testimony?

  • The witness's testimony is admissible based on their ability to infer what was said from reactions.

  • The witness's testimony is inadmissible as they did not hear the defendant admit to the fraudulent activity.

  • The witness's testimony is admissible due to their presence in the same room during the conversation.

  • The witness's testimony is admissible contingent upon corroboration by other evidence.

Multistate Bar Examination
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