Evidence keyed to Fisherback
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The defendant was on trial on a breach of contract theory. A witness testified for the plaintiff. On cross-examination, which of the following questions is the trial judge most likely to rule improper?CorrectIncorrect
The defendant is on trial for murder. During the trial, the prosecution offers into evidence a properly authenticated affidavit summarizing the results of the defendant’s fingerprint test, as proof that the fingerprints on the murder weapon are those of the defendant. The affidavit was prepared pursuant to statute by the lab technician that conducted the test. The defendant objects to the evidence.
How should the court rule?CorrectIncorrect
In a contract action between the plaintiff and the defendant, brought in federal court on the basis of diversity jurisdiction, the major issue is the value of a parcel of land. The plaintiff’s attorney calls a realtor to the stand and qualifies her as an expert on property valuation. Since the realtor had not personally inspected the property, the plaintiff’s attorney was prepared to ask the realtor a hypothetical question based on evidence adduced at the trial. However, the trial had already dragged on longer than expected, and to save time, the plaintiff’s attorney merely asks the realtor, “In your expert opinion, how much is the land worth?” The defendant’s attorney objects.
The objection should be:CorrectIncorrect
At the trial of the plaintiff’s battery action, arising from an incident in which the defendant allegedly bit off the plaintiff’s ear, a witness testified that he was taking a shortcut through an alley one morning and heard someone cry “Help!” Rushing around the corner of a building, the witness saw the plaintiff lying on the sidewalk in a pool of blood, with his left ear missing. The defendant was standing nearby. During cross-examination of the witness by the defendant’s counsel, the following question was asked: “If you arrived on the scene after the alleged ear biting, how can you possibly know my client is the one who bit off the plaintiff’s ear?” The witness responded: “Because I read in the newspaper the next day that another witness to the event told police that he saw the defendant spit the ear out after I left.” The defendant moved to have the witness’s last remark stricken from the record.
If the trial court denies the defendant’s motion, that ruling is most strongly supported by which of the following?CorrectIncorrect
The plaintiff sued the defendant for making a slanderous statement that greatly embarrassed the plaintiff. The defendant denied that he ever made such a statement. At trial, the plaintiff called a witness to the stand, and the witness testified that he heard the defendant make the statement on August 4. The defendant discredited the witness, and the plaintiff offers evidence of the witness’s good reputation for truthfulness.
The rehabilitation is most likely to be permitted if the discrediting evidence by the defendant was testimony that:CorrectIncorrect