Evidence keyed to Fisherback
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In which of the following situations should the defense’s objection be sustained?CorrectIncorrect
Six residents of a state brought suit against the state to rescind a new regulation permitting the operation of tandem trucks on the state’s freeway system. The plain tiffs are a group of farmers with land adjacent to the freeway, and they allege that their crops were damaged by increased vibrations, noise, and exhaust from the passing tandems. The plaintiffs’ counsel called as a witness a state highway engineer who had supervised a report concerning the vehicular traffic on the disputed highway. The plaintiffs‘ counsel asked the witness, “Could you please tell us, according to the report you supervised, what percentage of the state’s freeway traffic the tandems represent?” The state objected to the question despite their admission that the witness was a bona fide expert. The plaintiffs’ counsel then called another witness, who was one of the plaintiffs, to the stand. While being questioned, the plaintiff witness coughed in a seemingly uncontrollable manner and said, “I am sorry. Ever since the tandems have been allowed to pass, Ican hardly breathe.“ On cross-exam ination,the plaintiff witness was asked,“Is it not true that you told your neighbor that you did not even notice a difference in your breathing when the law changed?” The plaintiffs’ counsel objected to the question.
Which of the following statements is most accurate?CorrectIncorrect
A passenger was killed in an airplane crash. His estate asserted a wrongful death action based on res ipsa loquitur. The passenger’s mother testified, “My son called from the airport and told me he was wearing a yellow shirt.”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
A pilot owned a private plane, which he used for recre ational purposes. One clear afternoon, the pilot experi enced 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 res cued 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 ofthe barn joined the airport in his suit, alleging that the airport was negligent for allowing the pilot to fly while obviously inebriated. The owner of the barn seeks to introduce evidence that shortly after the pilot’s accident, the airport instituted a new screening procedure in which an airport employee monitors pilots to be sure that they are fit to fly. The trial judge should rule this evidence:CorrectIncorrect