P sued D, a restaurant, claims that she became seriously ill after eating barbecue shrimp there. The attorney of D offers the testimony of the maitre, who will testify that none of the other guests who also ate a serving of barbecue shrimp on the night in question complained of illness. P's attorney objects. The judge should rule that the testimony is:
(a)not hearsay
(b) inadmissible hearsay
(c)admissible hearsay under rule 803(1)
(d)admissible hearsay under rule 803(4)
(e) admissible under rule 801(d)(2)
另外,如果A drive's statement about his faultis admissible under Rule 801(d)(2)(D) :the statement is offered against a party and is (d)a statement by the party's agent or servant concerning a matter within the scope of the agency or employment. 那么是否也可以说是admissible under 801(d)(2)(A): the party's own statement, in either an individual or a representative capacity?