Evidence keyed to Fisherback
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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 defendant offered the testimony of its employee who said, “Hundreds of people use those steps every day, and I have no knowledge of any accidents.” This evidence should be:CorrectIncorrect
A driver was driving his car and listening to the radio when he suddenly crashed into another car. A sheriff arrived approximately one hour later.
Q. The first driver seeks to testify that the second driver had offered him a new car if he would agree to drop the suit. The trial judge should rule this evidence:CorrectIncorrect
A defendant is on trial for drunk driving. When the defendant was booked at police headquarters, a police officer made a videotape of the defendant showing him to be dizzy, rude, and garbling his words. Assuming proper authentication, is the judge likely to admit this evidence?CorrectIncorrect
A plaintiff sued a defendant for injuries suffered when he slipped in a hallway outside the defendant’s office. The defendant sought to admit evidence that he did not carry liability insurance for accidents occurring in the hallway.
This evidence should be ruled:CorrectIncorrect
The defendant was prosecuted for assault and battery after he admitted striking a friend with a bottle of whiskey during a bar room argument. The defendant claimed he acted in self-defense after he was attacked by his friend, who was drunk and belligerent, with a bottle of vodka.
As his first defense witness, the defendant calls his next door neighbor to testify that the defendant is a good neighbor. The neighbors testimony is:CorrectIncorrect