MBE Question of the Day
With results from the February 2023 bar exam just starting to be released in states around the country, we will be posting several real MBE questions every week, with the answer to be posted the following day. Please feel free to email us with any questions about these, and if you were unsuccessful on the bar exam, submit your score report here for a free score report evaluation from our bar exam experts!
MBE Question of the Day
A woman’s mother sued on a life insurance policy when the life insurance company
refused to pay on the woman’s policy. The company asserted that the woman had
committed suicide by jumping out of a window. The woman’s mother maintained that
she slipped and fell out of an open window. If, during the trial of this action, the company
offers testimony by a witness that two days before the woman’s death, the woman said
she was “exhausted and wiped out thanks to the tanking commodities market,” the
testimony is most likely:
refused to pay on the woman’s policy. The company asserted that the woman had
committed suicide by jumping out of a window. The woman’s mother maintained that
she slipped and fell out of an open window. If, during the trial of this action, the company
offers testimony by a witness that two days before the woman’s death, the woman said
she was “exhausted and wiped out thanks to the tanking commodities market,” the
testimony is most likely:
(A) Permissible as a declaration against
interest.
interest.
(B) Permissible as evidence of the
woman’s state of mind.
woman’s state of mind.
(C) Not permissible, because it is
irrelevant.
irrelevant.
(D) Not permissible, because it is hearsay
without exception.
without exception.
Answer to be posted tomorrow…..