Evidence keyed to Fisherback
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A plaintiff sued a defendant for negligence when the tractor that he was driving at a construction site collided with the plaintiff’s car. The plaintiff alleged that she was driving in a proper lane when the tractor collided with her car. The plaintiff’s counsel called the responding police officer to testify that the defendant’s employee made a statement to the police officer, in the defendant’s presence, that the defendant “accidentally went too far into traffic,” and the defendant did not say anything.
The trial judge should rule that this evidence is:CorrectIncorrect
The defendant is being tried for murder. A witness to the crime had aided the police artist in making the composite picture by which the defendant was identified. This witness disappeared before trial, and the prosecutor now wants to offer the sketch into evidence.
The sketch is:CorrectIncorrect
The defendant is charged with the murder of his accountant. At trial, the prosecution calls as a witness the defendant’s business partner, who testifies that he overheard a telephone conversation between the defendant and the accountant, in which the accountant threatened to report him to the I.R.S. for cheating on his income tax return. The defendant’s attorney objects to the business partner’s testimony on the ground that it is hearsay.
The judge should:CorrectIncorrect
A woman sued a health spa, alleging that while jogging on the spa’s track she slipped on a wet spot left negligently by an employee who had just cleaned and dried the track. She alleges that she suffered a broken hip due to the health spa’s negligence. Another employee at the spa testified that he saw the woman trip over her own shoelace as she left the locker room. After assisting her and calling an ambulance, he immediately filled out an accident report, pursuant to spa policy. The health spa seeks to admit this report into evidence.
The trial judge should rule the report:CorrectIncorrect
A singer has denied his purported signature on a letter that has become critical in a breach of contract suit between him and a record producer. At trial, the record producer ‘s counsel calls a teacher who testifies that she taught the singer mathematics in school 10 years earlier, knows his signature, and proposes to testify that the signature to the letter is that of the singer. The singer’s counsel objects.
The trial judge should:CorrectIncorrect