Evidence keyed to Fisherback
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A defendant was charged with the crime of assaulting a victim. The defendant admitted to slamming a coconut into the victim’s face, thereby causing him to lose seven teeth, but he claimed that he was acting in self-defense because the victim, while heavily intoxicated, had blocked the road with his car and threatened to harm the defendant.
A doctor who is the president of the hospital where the defendant was employed as a physician testified, “I have known the defendant since he was a young boy and he is a hard-working, law-abiding, and peace-loving man.” The doctor’s testimony should be ruled:CorrectIncorrect
A pedestrian, while crossing the street, was hit by a car. There were two passengers in the driver’s car. Another pedestrian witnessed the accident and called the police, who sent an officer to investigate.
A neighbor testified that the driver had a reputation inthe community as a safe and careful driver. The neighbor and the driver lived on the same block for more than thirty years. The trial judge should rule the neighbor’s testimony:CorrectIncorrect
The defense called a witness to testify on behalf of the defendant in a burglary trial. On cross-examination, the prosecutor may properly ask the witness:CorrectIncorrect
A man stopped by an all-night store to pick up some cat food. As he left the store, he saw his good friend pull up to the store. The man and his friend started talking. A few minutes later, a robber pulled up in his new car and ran into the store. Shots were fired inside and the robber came running out, but he collapsed as he tried to get into his car. The cashier came running out of the store screaming, “No one robs my store and gets away with it.” Suddenly, the robber took out a gun and shot the man in the chest, killing him instantly. The robber then aimed at the man’s friend and took a shot at him. When the police arrived, the officer ran over to the friend, who was bleeding profusely and said, “I don’t think you’re gonna make it, kid.” The man’s friend then said, “That man shot and killed my good friend.” Within moments, the friend died.
Q. A witness for the defense testified that he was watching television with the robber at the time of the incident. When asked on cross-examination, the witness denied that he had loaned the robber money to pay for the tele vision they had been watching. The prosecution called a salesman who sold the television to the robber to testify that he saw the witness loan the robber the money for a television. The trial judge should rule the salesman’s tes timony:CorrectIncorrect
A man walked into a house that he thought belonged to his girlfriend but it was really the house next door to his girlfriend’s. The owner of the house had just finished exercising in his basement and was walking upstairs, wearing a black sweat suit, just as the man walked in through the front door, which had been left open. The man attacked the owner, causing grave injuries. The man was charged with assault, battery, and attempted burglary. He claimed that he had thought the house was his girlfriend’s, that the owner was a burglar, and that he had used force in self-defense.
Q. The man’s long-time neighbor testified that the man had a reputation in the community as a hard-working and peaceful man. The trial judge should rule this testimony:CorrectIncorrect