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
A trucker agreed to transport oranges for a produce company, at his cost plus ten cents per mile. In a breach of contract suit, a witness, the trucker’s assistant, recounted under oath the expenses she could remem ber that the trucker incurred. The produce company objected to the witness’s testimony because the trucker had kept a written record of all his expenses.
The produce company’s objection should be:CorrectIncorrect
An employee who works in an automobile shop was arrested for auto theft. A new assistant district attorney who had only recently been admitted to practice in the state was assigned to prosecute the case. At trial, the district attorney asked a five-year-old witness, who claimed she saw the employee driving a car that night, “Was the car that you saw on driving red?”
An objection to the district attorney’s question would be:CorrectIncorrect
A defendant is being tried for his kidnapping of a victim after forcing the victim to rob a bank. The defendant denies all charges.
The defendant calls a witness to testify that the victim is paranoid and schizophrenic. The trial judge should rule this testimony inadmissible:CorrectIncorrect
On the evening of the accident, the witness wrote in his diary a conversation he had with the driver’s passenger in which the passenger told him that the driver was driv ing thirty miles above the speed limit. At the trial, he cannot remember details of the accident, and the pedestrian requests to allow the witness to look at his diary.
The trial judge should rule this request:CorrectIncorrect