Evidence keyed to Fisherback
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A speaker delivered the keynote speech at an annual international convention held at club resort. Five thousand club resort members heard the speech live, and hundreds of thousands of others heard the speech over short-wave radios and by official tape recordings. The speaker said, “It is indeed an honor to be allowed to address such a distinguished audience. Please allow me to comment on the previous administration of the President. Although sincere in its actions, much more could have been accomplished during his administration’s tenure. We have an obligation to our society, and we must address this obligation in the best way possible. This organization can and will accomplish more in the future than it has in the past.” The president of the club resort asserted an action against the speaker for slander. The president’s counsel called a witness to relate to the court the contents of the speech. The speaker objected to the witness’s testimony.
The court should:CorrectIncorrect
One morning, a farmer looked out his window and to his horror saw that the white picket fence surrounding his house had been overturned. The yard was covered with unusual tire tracks. The farmer decided that the tracks could only have been made by a neighbor’s truck. The neighbor was an alcoholic, and the farmer assumed that the neighbor had driven onto his lawn, destroying the fence in the process. The farmer brought suit against the neighbor.
The farmer testified that a man had called him. The man never identified himself, but the farmer and the neighbor knew each other well and the farmer was sure that the man who called him was the neighbor. The farmer said that the neighbor told him, “I’m sorry about the fence; send me a bill and I’ll take care of it.”
This testimony should be ruled:CorrectIncorrect
Two men signed a contract in which the first man agreed to lease a hotel to the second man, who agreed to maintain the premises. The second man brought an action for loss of profits. The first man denied that the signature on the contract was his. The second man called as a witness a woman who had taught the first man in high school. The woman testified that she remembered the first man’s signature and that the signature on the contract was his. The first man is thirty-two years old. The court should rule the woman’s testimony:CorrectIncorrect
After an accident, a plaintiff produced a photocopy of the defendant’s car registration to prove the defendant’s ownership. The defendant objected to the photocopy, but did not deny that he owned the car. The trial judge should rule that the copy is:CorrectIncorrect