Okay folks, last Bar Exam quiz for you today…unless you want to write some practice Commercial Paper or Illinois Civil Procedure essays. Over these last 6 days of multistate subject quizzes, I’ve done well enough that I would have passed. But I hope you did better. Last chance today to prove that anything I can do, you can do better. As always, the answer to the actual question that I missed below is in the comments section. Buena fortuna!
A defendant was on trial for the murder of his business partner. The prosecution offered testimony by the telephone operator in the defendant’s office that she had listened in without the defendant’s knowledge to a telephone call he had received the day before his partner’s death, in which an unidentified man said that he heard talk in a bar the previous night that the business partner was going to tell the cops about a phony insurance claim involving the defendant. The defense attorney objects to the testimony. The trial court should:
a) Sustain the objection, because the operator was an eavesdropper.
b) Sustain the objection, because the testimony is hearsay not within any exception.
c) Overrule the objection, because the statement is relevant to show motive.
d) Overrule the objection, because the statement constitutes an admission by a co-conspirator.