Evidence keyed to Fisherback
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A plaintiff brought suit against the defendant for injuries the plaintiff said he had suffered when the defendant stepped on his toe in a clambar. The defendant claimed he had never been to the bar, nor had he stepped on the plaintiff’s toe.
A witness who knew the defendant testified that since the defendant was so religious, his diet was restricted and he did not eat shellfish under any circumstances. The trial judge should rule this testimony:CorrectIncorrect
A suspect pleaded guilty to armed robbery and told the judge, “I did it because my girlfriend is pregnant and I needed the money.” The suspect was later allowed to withdraw his guilty plea. During his trial, the prosecutor seeks to introduce evidence of the suspect’s plea of guilty and accompanying admission.
The trial judge should rule:CorrectIncorrect
A driver’s car collided with a truck owned by a trucking company. The driver’s car slid beneath the truck’s trailer, crushing the roof of the car and causing the driver severe head injuries. The driver sued the truck’s manufacturer alleging that his injuries were caused by their negligent design, since the truck did not have a protective device to prevent cars from driving under the trailer. The manufacturer answered that it would be impossible to design a trailer with equipment to prevent a car from driving under it.
The driver seeks to introduce evidence that two days after his accident, the manufacturer’s engineers began to work on a bumper that would wrap all around the truck’s trailer, at the same height as a car bumper. The bumpers became standard equipment on all of the manufacturer’s trucks within two years later. The trial court should rule this evidence:CorrectIncorrect
The prosecution seeks to offer evidence, obtained in a valid search of the defendant’s apartment, showing he was heavily in debt from an illegal gambling habit. This evidence should be:CorrectIncorrect
A plaintiff sued for injuries sustained in a shopping mall when he tripped over a broken step and fell. The defendant, the landlord, maintained that the lease for a restaurant provided it with complete responsibility for the condition of those steps.
Q. The plaintiff brought a witness who testified that he was hired by the defendant on the day after the accident to fix the steps. The court should rule this testimony:CorrectIncorrect