This question should be answered using two IRAC structures. Please include all relevant keywords in your answer.
Leo hears a gunshot and runs outside to see his neighbor Max bleeding in the street. Max gasps, “I’m dying. Tell everyone that Nate shot me because I punched him.” At the hospital, Max falls into a coma and is unable to testify. Nate is charged with assault with a deadly weapon. The prosecution calls Leo to testify to Max’s statement under the hearsay exceptions for dying declaration and statement against interest.
Is Max’s statement admissible under these hearsay exceptions?
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To answer this question, you should think about and discuss whether the hearsay exception for dying declarations is available in civil cases, and what the hearsay exception for statements against interest is and whether it is applicable here.
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Dying Declaration
Statement Against Interest
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