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Exam 312-49v10 All Questions

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Exam 312-49v10 topic 1 question 780 discussion

Actual exam question from ECCouncil's 312-49v10
Question #: 780
Topic #: 1
[All 312-49v10 Questions]

During an ongoing cybercrime investigation, a non-expert witness, who is an employee of the organization, testifies to observing unusual computer activity. Simultaneously, an expert witness introduces a record of the regularly conducted activity of the organization. The record was kept near the incident’s time adept as part of the regular activity. It reveals a similar observation as the non-expert witness. How would the Federal Rules of Evidence classify and treat these testimonies in this scenario?

  • A. The lay witness testimony is inadmissible hearsay under Rule 801. but the record is admissible under Rule 803(6)
  • B. Both testimonies are admissible; the lay witness testimony is under Rule 701, and the record is under Rule 803(6)
  • C. Both testimonies are inadmissible; the lay witness testimony is hearsay under Rule 801, and the record is hearsay under Rule 803(6)
  • D. The lay witness testimony is admissible under Rule 701, but the record is inadmissible hearsay under Rule 803(6)
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Suggested Answer: B 🗳️

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Elb
7 months ago
B < https://www.law.cornell.edu/rules/fre/rule_701 https://www.law.cornell.edu/rules/fre/rule_803
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