Evidence keyed to Fisherback
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The plaintiff sued the defendant for injuries received in an automobile accident. There was only one neutral eyewitness to the accident, and the lawyers for the plaintiff and the defendant mutually agreed on a time and place to depose the witness. The lawyers and the witness appeared as scheduled, but the court reporter who had been ordered for the occasion failed to show up. Because rearranging the deposition would be time-consuming and difficult, the lawyers decided to go ahead with the deposition. The witness was not required to give oath or affirmation prior to his testimony, but neither lawyer had any reason to believe that the witness had any motivation to lie. During the deposition, the lawyers tape recorded their questions and the witness’s responses. Each lawyer received a copy of the tape of the deposition. The witness suffered a heart attack and died two months after the deposition. Shortly thereafter, the case came to trial.
Assuming proper notice is given, what evidence of the witness’s deposition is admissible at trial?CorrectIncorrect
A defendant is on trial in federal court for the armed robbery of a casino. The defendant claims that he was out of town at the time of the robbery. The defendant calls an alibi witness to the stand to testify that she was with him on the trip. When asked where she was and who she was with on the date in question, the witness stated that she could not recall. She said she recalls spending a weekend at a bed and breakfast this spring, but she does not recall the date or her traveling companion. The defendant’s attorney then showed the witness a letter written by her on stationery from the bed and breakfast, and asks her to look at it and try to answer the question again. The prosecution objects.
The objection should be:CorrectIncorrect
The plaintiff sued the defendant for battery. The defendant claimed that he was attacked for no reason by the plaintiff and that he hit the plaintiff with a pipe in self-defense. A witness was called to testify that on the day in question she heard the defendant and his roommate talking outside their apartment. The witness testified that the roommate told the defendant that the plaintiff had been flirting with the defendant’s girlfriend, and that the defendant seemed very angry. The defendant’s attorney objected to this testimony.
The court should find the evidence:CorrectIncorrect
A plaintiff brought a lawsuit against a department store for injuries she suffered while riding an escalator that accelerated and then came to a sudden stop. At trial, a witness is prepared to testify for the plaintiff that he heard another customer tell the store manager the day before the plaintiff was injured that the escalator was speeding up and stopping without warning. The customer still lives in the area but she has not been called to testify.
Should the court admit the witness’s testimony?CorrectIncorrect
The plaintiff is suing the defendant to recover for damage to the plaintiff’s garage, which burned down from a fire that started in the defendant’s bakery. The plaintiff alleged that the fire was started by one of the bakery’s employees, who was known to come into the bakery after an evening of drinking at a nearby bar to experiment with recipes. The defendant denied the allegation and claimed that the fire was the result of arson by a local gang member. At trial, the plaintiff called to the stand a court reporter, who will testify that he recorded the testimony of the now-deceased manager of the bakery at a preliminary hearing on a criminal charge of arson against the gang member, and the manager testified that the fire was the result of the employee’s drunken experiments. The defendant objects to the court reporter’s testimony.
The court should rule that the testimony is:CorrectIncorrect