Evidence keyed to Fisherback
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On direct examination, the defendant testified that he does not know how to drive cars with manual transmissions. The car used to escape the scene of the crime was recovered by the police, and it had a manual transmission. The defendant’s counsel asked him, “What did you tell the police on the day of the crime?” The defendant’s answer was, “I do not drive a manual transmission.”
The defendant’s answer is: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.
The second driver sat in the sheriff’s car and answered questions for a police report. At one point the second driver said, “I most likely did jump the light.” The first driver seeks to admit the sheriff’s testimony of the second driver’s statement.
The trial judge should rule the testimony:CorrectIncorrect
In 1986, a buyer brought a suit to challenge the validity of a conveyance made by a seller in 1973. The buyer, alleging the seller’s incompetence, offers valid affidavits by two of the seller’s neighbors, stating that they have observed the seller hanging from a tree branch by his legs for hours at a time. The affidavits further allege that the seller had walked around the neighborhood during a snowstorm clad only in his underwear.
These affidavits should be:CorrectIncorrect
The bystander testified that she heard the car driver reply to the mechanic, “It’s your fault you were supposed to fix it.” The car driver objects to a bystander’s testimony. The trial judge should:CorrectIncorrect
A defendant is on trial for conspiracy. A witness testified that she heard the defendant’s conversation through a wall separating their hotel rooms. The defense denies that the voice she heard was the defendant’s.
Which of the following would be the LEAST sufficient basis for admitting the testimony?CorrectIncorrect