Evidence keyed to Fisherback
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An author of a best-selling dictionary died intestate. Several persons claimed entitlement to his estate. A woman asserted a claim based on her allegation that she was the author’s biological daughter. The woman called upon a postal worker who had delivered mail to her home for twenty years to testify. The postal worker testified, “The author often spent weeks at a time at the woman’s place. The woman’s mother’s mail was often received addressed in the author’s last name. The author once picked the woman up into his arms and asked me if I thought his ‘daughter’ was cute.”
Should all of the postal worker’s testimony be admitted?CorrectIncorrect
In a claim for damages in a personal injury action, a plaintiff’s attorney sought to introduce evidence of the plaintiff’s testimony made to her boyfriend several days after her accident that “I must have sprained my neck when it happened because it hurts so much.” The plaintiff is also planning to offer medical evidence that her neck was sprained.
The judge should rule the testimony:CorrectIncorrect
A buyer entered into a written contract with a farmer to purchase the farmer’s dairy farm. The contract contained a provision that the farmer’s “land and inventory are valued at $175,000.” The contract also contained a provision that stated, “This contract represents the entire agreement between the parties. No other promises or representations have been made.”
In a fraud action against the farmer, the buyer alleges that he purchased the farm only because the farmer had assured him that the land and inventory were worth $350,000, when they were in fact worth only $175,000. The buyer seeks to testify that during negotiations the farmer had said repeatedly that the value of the land and the inventory was $350,000, but at the advice of the farmer’s attorney, he was going to list the value at $175,000 in the contract for tax purposes. The farmer’s attorney objects.
The evidence is:CorrectIncorrect
In a personal injury action, a doctor sat in court and listened to all of the evidence regarding the plaintiff’s injuries. The defense subsequently calls that doctor to testify as to his opinion about whether the plaintiff’s injuries will prevent the plaintiff from ever working again.
May the doctor testify to this?CorrectIncorrect
A computer designer was in need of an extremely sophisticated computer chip for a computer mainframe he was designing. He contacted a broker who bought and sold computer components to see if the broker could obtain the chip. “I may be able to find the chip,” the broker told the designer, “but it won’t be cheap. It will cost $20,000 plus my fee.” The broker successfully delivered the chip and demanded $22,000. The designer offered $21,000 for both the chip and commission. In a suit brought by the broker to recover $22,000, the broker seeks to introduce copies of prior receipts of transactions with the designer and others that show the broker charges a 10 percent commission for finding similar computer components. The designer seeks to admit the testimony of six other brokers who specialize in the sale of computer components. They plan to testify that they charge 5 percent commission on rare computer components.
Which of the following statements is most accurate?CorrectIncorrect