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)








 

Suggested Answer: B





This question is in 312-49V10 EC-Council Computer Hacking Forensic Investigator (CHFI) v10 Exam
For getting EC-Council Computer Hacking Forensic Investigator (CHFI) Certificate







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