Evidence keyed to Fisherback
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The plaintiff brought a breach of contract suit against the defendant, alleging that the defendant paid for only 25 cases of baseball cards even though the order was for 50. The defendant claimed that only 25 cases were delivered to his store. The plaintiff then introduced a shipping bill from a freight company showing that pickup had been made from the plaintiff on 50 cases.
May the defendant now compel the plaintiff to introduce the remainder of the record, showing that the freight company bad only 25 cases of baseball cards on its truck?CorrectIncorrect
A defendant is on trial for arson of a restaurant. Chemical tests by the fire department indicate that gasoline was used as the igniting agent of the fire. The prosecution calls to the stand a waitress who works at a diner near the burned restaurant. She will testify that on the night of the fire, the defendant came into the diner smelling like gasoline.
Should the court admit this testimony over the defendant’s objection?CorrectIncorrect
A driver was involved in a collision with a second driver on a street. While they were exchanging phone numbers, the first driver said to the second driver: “Oh my gosh! My insurance company is reliable. They’ll pay for your broken nose!” The second driver sued the first driver for personal injuries and plans to testify as to what the first driver said to her.
The second driver’s testimony will be:CorrectIncorrect
The defendant is charged with the murder of his employer. At the trial, the prosecution offered the testimony of another employee who testified that he had accidentally picked up the phone when the defendant was talking to an unidentified man who said, “I hear your boss is going to confess about the money you and she embezzled from the company. What are you going to do about it?”
If the defendant’s attorney objects to the employee’s testimony on the ground that it is irrelevant, the judge should:CorrectIncorrect
A pilot owned a private plane, which he used for recreational purposes. One clear afternoon, the pilot experienced mechanical difficulties and was forced to eject himself from the plane. The pilot parachuted safely to the ground, but the plane crashed into a barn, causing substantial damage to the structure. The pilot was rescued by two policemen, who noticed that the pilot was acting strangely. The pilot was brought to a hospital where he was found to be heavily intoxicated.
The owner of the barn filed suit against the pilot, alleging that the damages to his barn were a direct result of the pilot’s intoxication. The owner of the barn offers the properly authenticated records of the pilot’s criminal conviction for flying while intoxicated.
The conviction should be ruled:CorrectIncorrect