Evidence keyed to Fisherback
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Two soldiers were veterans of an army. They wanted nothing more in life than to see those regimes they believed to be dominated by communists fall. Frustrated at what they perceived as the failure of their government to take concrete action against another country, the soldiers decided to form an army of their own to obliterate this country. The soldiers formed a corporation with the intent of arranging an army. One soldier was named president and the other soldier was named vice president for purchasing. Both soldiers were arrested after a lawful search of the vice president soldier’s apartment yielded 200 M-16 rifles. The prosecution seeks to admit a statement made by the president soldier to an arms merchant, in which the president soldier said, “There ain’t no way I’m gonna need any guns from you; my man is Vice President for Purchasing.” The soldier’s counsel objects to admission of the statement.
The court will sustain the president soldier’s objection if:CorrectIncorrect
A defendant was on trial for murder. At the trial, the defendant put forth the defense of self-defense, claiming that the victim was about to kill him when he shot the victim. To help establish that he was in fear of the victim, the defendant called a witness to testify that she heard a third party tell the defendant that the victim, “is a mean, vicious killer; he has murdered three people in the past year.”
The witness’s testimony is:CorrectIncorrect
Two brothers were playing golf when the elder brother left to take a telephone call. When he returned, he told the younger brother, “My wife was just involved in an accident. She ran a red light and hit another car. I need to leave.” After arriving at the scene of the accident, the elder brother, after talking with bystanders, determined that his wife had not driven through a red light. The driver of the other car brought suit against the wife for injuries suffered in the accident. To help establish liability, the driver of the other car seeks to have the younger brother testify as to the elder brother’s statements on the golf course.
The younger brother’s testimony is:CorrectIncorrect
An owner owned a small company in the business of building, installing, and maintaining a machine used in the purification of steel. The company did not sell the machine invented and designed by the owner. It would only lease it accompanied with a service contract. On May 15, the owner inspected a machine leased to a steel company, as required by the service contract. Two days later, an explosion on the steel company’s premises caused severe damage and injured a carrier service employee in the process of making a delivery. The owner inspected the premises after the accident and told his friend, “The explosion was caused by my machine. I should have opened it up when I had last inspected it, but I was running late.” The employee asserted an action against the steel company. The owner was not available to testify at the trial because he had subsequently died from injuries he sustained when another one of his boilers exploded..
Should the owner’s friend be allowed to recount the owner’s statements about the cause of the steel company’s accident?CorrectIncorrect
An employee was accused by her employer of embezzlement. The employee had, by her own admission, taken 200 computer software programs home and resold them to a discount retailer. The employee used the proceeds from this sale to refurnish her apartment. The prosecution presented the employee’s employment contract as evidence. The contract contained a standard clause providing, “The employee understands that all supplies and equipment used by employee, including but not limited to, writing instruments, paper, stationery, reference books, computer hardware and software, and duplicating equipment, remains the property of employer, and may not be removed by employee from employer’s premises without express written permission.” On direct examination, the employee testified, “During my contractual negotiations, I complained about the low salary I had been offered. The vice president said, ‘You can make lots of extra money by taking the obsolete software programs we no longer use. They aren’t worth enough for the company to bother with, but you can substantially increase your income.’ ”
A timely objection to the employee’s testimony should be:CorrectIncorrect