Evidence keyed to Fisherback
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A lawyer sued a client for his fee, based on an agreed hourly rate. The client subpoenaed the lawyer’s time records for the days on which he purported to have worked for the client to show that the lawyer had billed an impossible number of hours to the client and others on those days. The client’s subpoena provided that any information concerning the matters handled for other clients be deleted or masked. The lawyer moved to quash the subpoena on the ground of attorney client privilege.
The subpoena should be:CorrectIncorrect
A drug dealer is being tried in federal court for criminal conspiracy with a friend to violate a federal narcotics law. At trial, the prosecutor calls the drug dealer’s new wife and asks her to testify about a meeting between the drug dealer and the friend that she observed before she married the drug dealer.
Which of the following is the most accurate statement of the applicable rule concerning whether the wife may testify?CorrectIncorrect
The plaintiff was injured when she slipped at the defendant restaurant. The defense attorney asked the manager on duty at the time of the incident to prepare a report of the accident. This report was given to the defense attorney prior to trial. During discovery, the plaintiff demands that a copy of the report be produced.
Will the court order the defendant to produce the report?CorrectIncorrect
A motor company was sued in a product liability action when the axle of one of its cars broke. The company asked an assembly line worker to tell the motor com pany’s counsel exactly how the axle is assembled. The worker said to the lawyer, “Quite frankly , I was drunk a lot last year and luckily nobody noticed.” The plaintiff asks the counsel to testify about his conversa tion with the assembly line worker.
The trial judge should rule that:CorrectIncorrect
A dealer and his employee, a mechanic, were both sued by a purchaser for damages incurred when his brakes failed. An attorney was retained to defend the dealer and his mechanic. The three had a conference; the only other person present was the attorney’s secretary, who took notes.
The purchaser seeks to have the mechanic testify to what was said at the conference. The trial judge should rule the testimony:CorrectIncorrect
A plaintiff sued a company for injuries she claims she suffered from an accident in the company‘s department store. An employee completed a standard form provided by the company’s attorney in order to assist him in defending the company. The plaintiff requests that the report be submitted into evidence.
The trial judge should rule the report:CorrectIncorrect
A drug dealer refused to testify during his trial for drug smuggling, claiming his right against self-incrimination. The prosecution called a witness who testified that he had incorporated a company for the drug dealer. The company’s boats were later found to be carrying cocaine. The defendant moved to strike the witness’ testimony.
The trial judge will rule the testimony:CorrectIncorrect