UBE Question of the Day
Bar Exam Multiple Choice Questions
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Today's Question:
The plaintiff purchased a car from a neighbor based upon representations by the defendant, a co-worker with a passion for cars, that the car was in good condition. The car was, in fact, inoperable and the plaintiff brought an action against the defendant. At the trial, the plaintiff offered a duly authenticated, original letter from the defendant’s aunt, dated one day before the sale, which states that she had seen the defendant pushing the car into the neighbor’s driveway earlier the same day. Is the aunt’s letter admissible?
(A) No, because it is hearsay and comes within no exception to the hearsay rule.
(B) No, because it is not probative on the issue of the car’s condition at the time of the alleged misrepresentations.
(C) Yes, because it is not hearsay.
(D) Yes, because even though hearsay, it represents the mechanic’s present sense impression.
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