Genuine Questions With Answers On
Evidence Midterm
Lauren is crossing Dawson street leaving law school when she suddenly hears
screeching, the sound of a collision, and someone scream "that red car just ran the
light!" When she looks back, she sees a pedestrian unconscious in the crosswalk. At
trial, π calls Lauren. She testifies she heard screeching of tires, the sound of a collision,
and then saw π unconscious in the street. She admits she didn't see the intersection or
collision.
Δ objects "lack of personal knowledge" under FRE 602:
a. sustain
b. overrule - CORRECT ANSWER-overrule
Lauren is crossing Dawson street leaving law school when she suddenly hears
screeching, the sound of a collision, and someone scream "that red car just ran the
light!" When she looks back, she sees a pedestrian unconscious in the crosswalk. At
trial, π calls Lauren. She testifies she heard screeching of tires, the sound of a collision,
and then saw π unconscious in the street. Π's counsel then asks "Do you know what
happened beforehand?" Lauren says "the red car ran the red light."
Δ objects "lack of personal knowledge" under FRE 602:
a. sustain
b. overrule - CORRECT ANSWER-sustain
Billy struck Bobby with a pool cue in a bar. Gov charges Billy with assault. At trial, the
bartender testifies that Billy swung a pool cue and struck Bobby in the side of the face.
Gov then asks "why did Billy take a swing at Bobby?" And bartender responds "well, it
seemed like Billy just got flat mad that Bobby had beaten him."
Δ objects "lack of personal knowledge" under FRE 602.
a. sustain
b. overrule - CORRECT ANSWER-sustain
Billy struck Bobby with a pool cue in a bar. Gov charges Billy with assault. At trial, the
bartender testifies that Billy swung a pool cue and struck Bobby in the side of the face.
Gov then asks "what happened before Billy swung?" And bartender responds "Bobby
had just beaten Billy. Billy looked angry and mean; real mad like."
,Δ objects "lack of personal knowledge" under FRE 602:
a. sustain
b. overrule - CORRECT ANSWER-overrule
π (Maria Young) sued her boss for sexual harassment. At trial, she calls co-worker Ella
as a witness. Ella testifies she frequently saw Maria crying at her desk after meetings
with the boss. However, Ella admits she didn't overhear any harassing statements nor
observed any harassing acts.
Δ objects "lack of personal knowledge" under FRE 602:
a. sustain
b. overrule - CORRECT ANSWER-overrule
Car accident occurs at the intersection of Dawson and Hillsborough street. After
discovery, π is prepared to offer at trial (1) a video from the law school building cameras
that recorded the collision; (2) a law student who was several blocks away but says she
saw the accident; and (3) a police officer who pulled the red-light camera photo and can
testify that it indicates the jeep ran the red light.
Applying FRE 1001-1003, what is the correct answer for how the court should rule on
objections to the various evidence π now wants to introduce?
A. Admit all as proper evidence of the collision;
B. Admit only the video camera evidence, since it is the best evidence of the collision;
C. Admit only the video camera evidence and the officer testimony since they are the
best evidence of the collision;
D. Admit the video camera evidence and the law student testimony, but exclude the
officer testimony as violating the best ev - CORRECT ANSWER-D. Admit the video
camera evidence and the law student testimony, but exclude the officer testimony as
violating the best evidence rule
Collection of high profile former college football players sue EA Sports and the NCAA
claiming the Δ's illegally used the players' lifelines in the popular video game "NCAA
Football." π's call a professional gamer to describe the video game, how it operates,
and what the players look like in the game.
Δ's object under Best Evidence Rule.
a. sustain
b. overrule - CORRECT ANSWER-sustain
At a trial a Massachusetts state investigator testifies that he viewed the home security
surveillance film of former Patriots player Aaron Hernandez's home and that is appears
he was carrying a gun into the home 10-15 min after Odin Lloyd was shot to death.
Δ objects - court should sustain or overrule?
a. sustain
, b. overrule - CORRECT ANSWER-sustain
Gov charged Vincent Bennet with importing weed. Police spotted Bennett's boat just
north of the Mexican border, traveling along California coast. X-ray exam revealed more
than 1500 pounds of weed concealed in the hull. To prove Bennett imported the weed
from Mexico into the U.S., prosecutors offer the testimony of Officer Malcolm Chandler.
Chandler testifies that he discovered a GPS device while searching Bennett's boat, and
that it had a "backtrack" feature that revealed the boat's previous voyage. Chandler
says he examined the backtrack feature and it showed that Bennett had navigated the
boat from Mexican waters into U.S. waters just before the boat was seized.
Bennett objects under Best Evidence Rule. sustain or overrule?
a. sustain
b. overrule - CORRECT ANSWER-sustain
Prosecution for murder. Δ's conviction was reversed on appeal and he is retried.
Prosecution's eyewitness, Joe, testified against Δ a the first trial but is now unavailable.
Prosecution calls Beth—a person who was in the audience in the first trial. Prosecutor
asks Beth, "What did Joe say when asked who shot the victim?" Beth responds, "Joe
said Δ was the shooter."
Is the testimony objectionable under FRE 1002 bc Joe's answer is in the written
transcript from the first trial?
a. objectionable
b. not objectionable - CORRECT ANSWER-not objectionable
π and Δ entered a K for the sale of a lawn mower. Δ later refused to sell at the agreed
price. The original K had not been lost/destroyed. At trial, π offers an email the Δ sent to
Δ's sister where Δ exclaims that he's "excited" that he "finally sold his old junker mower"
by "agreeing to sell it to [π] for $1,500."
Δ objects under Best Evidence Rule.
a. sustain
b. overrule - CORRECT ANSWER-overrule
Although original K hadn't been lost/destroyed, at trial, the π in breach of the K testifies
that he and Δ agreed to the sale of a Jeep. Π testifies that Δ refused to pay. To prove
the K, π offers a voicemail received from Δ who called saying "look, I know the contract
says I owe you $10k by Friday but it isn't happening."
Δ objects under Best Evidence Rule.
a. sustain
b. overrule - CORRECT ANSWER-sustain
Joe and Jane sign a one-page contract for the sale of a car. Under the terms, Joe will
purchase Jane's 2008 Acura TSX for $5600 in cash on August 20th. On August 19th,
Evidence Midterm
Lauren is crossing Dawson street leaving law school when she suddenly hears
screeching, the sound of a collision, and someone scream "that red car just ran the
light!" When she looks back, she sees a pedestrian unconscious in the crosswalk. At
trial, π calls Lauren. She testifies she heard screeching of tires, the sound of a collision,
and then saw π unconscious in the street. She admits she didn't see the intersection or
collision.
Δ objects "lack of personal knowledge" under FRE 602:
a. sustain
b. overrule - CORRECT ANSWER-overrule
Lauren is crossing Dawson street leaving law school when she suddenly hears
screeching, the sound of a collision, and someone scream "that red car just ran the
light!" When she looks back, she sees a pedestrian unconscious in the crosswalk. At
trial, π calls Lauren. She testifies she heard screeching of tires, the sound of a collision,
and then saw π unconscious in the street. Π's counsel then asks "Do you know what
happened beforehand?" Lauren says "the red car ran the red light."
Δ objects "lack of personal knowledge" under FRE 602:
a. sustain
b. overrule - CORRECT ANSWER-sustain
Billy struck Bobby with a pool cue in a bar. Gov charges Billy with assault. At trial, the
bartender testifies that Billy swung a pool cue and struck Bobby in the side of the face.
Gov then asks "why did Billy take a swing at Bobby?" And bartender responds "well, it
seemed like Billy just got flat mad that Bobby had beaten him."
Δ objects "lack of personal knowledge" under FRE 602.
a. sustain
b. overrule - CORRECT ANSWER-sustain
Billy struck Bobby with a pool cue in a bar. Gov charges Billy with assault. At trial, the
bartender testifies that Billy swung a pool cue and struck Bobby in the side of the face.
Gov then asks "what happened before Billy swung?" And bartender responds "Bobby
had just beaten Billy. Billy looked angry and mean; real mad like."
,Δ objects "lack of personal knowledge" under FRE 602:
a. sustain
b. overrule - CORRECT ANSWER-overrule
π (Maria Young) sued her boss for sexual harassment. At trial, she calls co-worker Ella
as a witness. Ella testifies she frequently saw Maria crying at her desk after meetings
with the boss. However, Ella admits she didn't overhear any harassing statements nor
observed any harassing acts.
Δ objects "lack of personal knowledge" under FRE 602:
a. sustain
b. overrule - CORRECT ANSWER-overrule
Car accident occurs at the intersection of Dawson and Hillsborough street. After
discovery, π is prepared to offer at trial (1) a video from the law school building cameras
that recorded the collision; (2) a law student who was several blocks away but says she
saw the accident; and (3) a police officer who pulled the red-light camera photo and can
testify that it indicates the jeep ran the red light.
Applying FRE 1001-1003, what is the correct answer for how the court should rule on
objections to the various evidence π now wants to introduce?
A. Admit all as proper evidence of the collision;
B. Admit only the video camera evidence, since it is the best evidence of the collision;
C. Admit only the video camera evidence and the officer testimony since they are the
best evidence of the collision;
D. Admit the video camera evidence and the law student testimony, but exclude the
officer testimony as violating the best ev - CORRECT ANSWER-D. Admit the video
camera evidence and the law student testimony, but exclude the officer testimony as
violating the best evidence rule
Collection of high profile former college football players sue EA Sports and the NCAA
claiming the Δ's illegally used the players' lifelines in the popular video game "NCAA
Football." π's call a professional gamer to describe the video game, how it operates,
and what the players look like in the game.
Δ's object under Best Evidence Rule.
a. sustain
b. overrule - CORRECT ANSWER-sustain
At a trial a Massachusetts state investigator testifies that he viewed the home security
surveillance film of former Patriots player Aaron Hernandez's home and that is appears
he was carrying a gun into the home 10-15 min after Odin Lloyd was shot to death.
Δ objects - court should sustain or overrule?
a. sustain
, b. overrule - CORRECT ANSWER-sustain
Gov charged Vincent Bennet with importing weed. Police spotted Bennett's boat just
north of the Mexican border, traveling along California coast. X-ray exam revealed more
than 1500 pounds of weed concealed in the hull. To prove Bennett imported the weed
from Mexico into the U.S., prosecutors offer the testimony of Officer Malcolm Chandler.
Chandler testifies that he discovered a GPS device while searching Bennett's boat, and
that it had a "backtrack" feature that revealed the boat's previous voyage. Chandler
says he examined the backtrack feature and it showed that Bennett had navigated the
boat from Mexican waters into U.S. waters just before the boat was seized.
Bennett objects under Best Evidence Rule. sustain or overrule?
a. sustain
b. overrule - CORRECT ANSWER-sustain
Prosecution for murder. Δ's conviction was reversed on appeal and he is retried.
Prosecution's eyewitness, Joe, testified against Δ a the first trial but is now unavailable.
Prosecution calls Beth—a person who was in the audience in the first trial. Prosecutor
asks Beth, "What did Joe say when asked who shot the victim?" Beth responds, "Joe
said Δ was the shooter."
Is the testimony objectionable under FRE 1002 bc Joe's answer is in the written
transcript from the first trial?
a. objectionable
b. not objectionable - CORRECT ANSWER-not objectionable
π and Δ entered a K for the sale of a lawn mower. Δ later refused to sell at the agreed
price. The original K had not been lost/destroyed. At trial, π offers an email the Δ sent to
Δ's sister where Δ exclaims that he's "excited" that he "finally sold his old junker mower"
by "agreeing to sell it to [π] for $1,500."
Δ objects under Best Evidence Rule.
a. sustain
b. overrule - CORRECT ANSWER-overrule
Although original K hadn't been lost/destroyed, at trial, the π in breach of the K testifies
that he and Δ agreed to the sale of a Jeep. Π testifies that Δ refused to pay. To prove
the K, π offers a voicemail received from Δ who called saying "look, I know the contract
says I owe you $10k by Friday but it isn't happening."
Δ objects under Best Evidence Rule.
a. sustain
b. overrule - CORRECT ANSWER-sustain
Joe and Jane sign a one-page contract for the sale of a car. Under the terms, Joe will
purchase Jane's 2008 Acura TSX for $5600 in cash on August 20th. On August 19th,
