In the hearsay exception for dying declarations, which statement is correct regarding admissibility?

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Multiple Choice

In the hearsay exception for dying declarations, which statement is correct regarding admissibility?

Explanation:
Dying declarations are admissible when the declarant, believing death to be imminent, makes a statement about the cause or circumstances of what they believe will be their death. Under federal practice (MBE), this exception applies in both civil actions and homicide prosecutions, assuming the declarant is unavailable. New York practice, however, limits the dying-declaration exception to homicide prosecutions. So the correct statement matches federal scope as civil and homicide, while New York scope is homicide only.

Dying declarations are admissible when the declarant, believing death to be imminent, makes a statement about the cause or circumstances of what they believe will be their death. Under federal practice (MBE), this exception applies in both civil actions and homicide prosecutions, assuming the declarant is unavailable. New York practice, however, limits the dying-declaration exception to homicide prosecutions. So the correct statement matches federal scope as civil and homicide, while New York scope is homicide only.

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