Question 1
Pruddy Plaintiff, who while at the Cannes film
festival fainted at the sight of the people on the beach sunning
without any protection, sued the hotel. Pruddy suffered extensive
injuries from the fall. Pruddy claimed that the hotel was reckless in
failing to provide a buffer to protect hotel guests from exposure to
the au naturel beach. The hotel, however, denied liability claiming
that Pruddy was just clumsy rather than shocked. At trial, Pruddy
called her friends husband to testify that her friend, Rosie, had
blushed at about the same time Pruddy fainted. Pruddy, of course, wants
the testimony to corroborate the fact that the bathers were a shocking
sight. The judge should rule that the testimony is?
You Answered
Correct Answer
Feedback the "blushing" is not considered "assertive conduct" under 801 (d) of FRE
Question 2
In a civil lawsuit, plaintiff deposed Witt prior to trial, with defendants counsel present. Witt testifies differently at trial. The plaintiff now wants to offer Witts testimony not only as impeachment, but also as substantive evidence. Should the trial judge admit the deposition as substantive evidence?
You Answered
Correct Answer
Feedback see FRE 801
Question 3
Plaintiff was injured by a driver for the Trucking Company. The truck driver was making a company delivery. Plaintiff sued only the Trucking Company. Plaintiffs counsel, at trial, seeks to have the sheriff who investigated the accident testify that the truck driver told the sheriff: This probably was my fault. The judge should rule the proffered evidence?
You Answered
Correct Answer
Feedback admission against interest - it has inherent truthfullness since innocent people do not "admit guilt" - it is technical hearsay since it is an out of court statement, and you are using it to prove the truth of the statement. see FRE 801(2) non hearsay
Question 4
While the husband was testifying, Pruddys attorney attempted to show that Pruddy was not clumsy at the moment in question, by asking what the husband said when Pruddy fainted. The hotels counsel objects. The judge should?
Correct Answer
You Answered
Feedback hearsay is an "out of court statement" offered for the truth it asserts. see FRE 801
Question 5
Pedestrian was hit at a street crossing by an automobile driven by Driver. Pedestrians counsel calls Witness to testify that Driver pleaded with Witness to testify falsely that Pedestrian ran in front of Drivers car. The trial judge should rule Witnesss testimony?
Correct!
Question 6
During cross-examination of the Plaintiffs witness in an infamous savings and loan case, the defense attorney inquired about a windfall the witness would receive should the Plaintiff prevail. Upon redirect, the Plaintiff offered the witness prior deposition wherein the witness testified similarly to his testimony during the trial. The judge should rule the evidence?
You Answered
Correct Answer
Quiz Score: 16 out of 100
Time: | less than 1 minute |
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Current Score: | 16 out of 100 |
Kept Score: | 66 out of 100 |