Evidence keyed to Fisherback
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A witness was familiar with the defendant’s voice. The witness testified, during the defendant’s suit for negligence, “I received a call and recognized the defendant’s voice. After I asked her what was new, she told me she had ‘just been driving drunk and hit an old lady.’ “
The defendant’s counsel objected to the witness’s identification of the defendant’s voice.
The trial judge should rule that the phone call was:CorrectIncorrect
A singer has denied his purported signature on a letter that has become critical in a breach of contract suit between him and a record producer. At trial, the record producer ‘s counsel calls a teacher who testifies that she taught the singer mathematics in school 10 years earlier, knows his signature, and proposes to testify that the signature to the letter is that of the singer. The singer’s counsel objects.
The trial judge should:CorrectIncorrect
A plaintiff sues a defendant for breach of contract. The existence and terms of the contract are in dispute. The plaintiff’s lawyer calls the plaintiff to the witness stand and seeks to elicit testimony that the plaintiff and the defendant met on a certain date and reached an agreement, which was reduced to a writing. The plaintiff then intends to testify: “The writing, which was subsequently inadvertently destroyed, provided that the defendant would purchase 300 widgets from me at a price of $1,000.”
The quoted testimony is admissible only if:CorrectIncorrect
During the probate of the estate of a decedent who died intestate, the decedent’s private nurse made a claim for his art collection. She testified at trial that when she first became employed by him, she and the decedent had entered into a written agreement that stated that if she accepted a lower monthly salary and worked for him for the rest of his life, he would leave the art collection to her in his will. The decedent’s heir objects to this evidence.
The best reason for a judge to rule the evidence inadmissible is that:CorrectIncorrect
In a real property dispute over a decedent’s vacation home, the plaintiff offers a deed to show that the home had been transferred to her two months before the decedent died. The defendant, the decedent’s heir, disputes the plaintiff’s claim and alleges that the decedent’s signature on the deed was forged. The defendant testifies that he is familiar with the decedent’s signature and the signature on the deed is not his.
The judge should rule this testimony:CorrectIncorrect