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Under the FRE, which of the following is impermissible?  

Prosecution of D for murder. The prosecution calls PO, a police officer who collected physical evidence at the crime scene. PO authenticates her report and testifies that she is required to file such a report whenever she investigates. The prosecution offers the report as evidence. D objects. The court should:

Stephanie is suing Phillip for injuries she suffered when Phillip allegedly ran into her with a bicycle and then biked away.  Phillip claims he was not even riding his bike that day and that someone else must have struck Stephanie with a bicycle.  Stephanie calls Fran, an eyewitness, who will identify Phillip in court.  In response, Phillip wishes to call Dr. Niki to the stand.  Dr. Niki will testify that she is an experimental psychologist and has conducted dozens of tests and read about hundreds more regarding the unreliability of eyewitness identification.  Specifically, she will testify about the general unreliability of eyewitnesses, especially under stressful situations.  She will also testify that she watched Fran testify and that, based on her expertise, Fran seemed unsure of her identification of Phillip. What is the best objection that Stephanie can make to exclude Dr. Niki’s testimony?

Same facts as #48. Hyland proffers Bystander’s testimony that Bystander was talking to Witness when Bystander heard the crash and heard Witness, now deceased, exclaim, “That car doesn’t have any lights on!”  Bystander’s testimony is:

Cane physically assaulted Brayden outside of a bar. As Cane ran off, Brayden collapsed and lost consciousness. Before Brayden lost consciousness, one of the bar’s patrons heard Brayden shout: “I am sorry I cheated on my 2022 taxes, skimmed money off the top of my illegal drug sales, and caused Cane’s profits to tank, but? Do not let Cane get away with this!” Quick medical treatment saved Brayden, but he now suffers from amnesia and cannot recall any details of the assault. Can the bar patron testify about what Brayden shouted? 

A plaintiff in a civil case offers hearsay evidence against the defendant. The defendant fails to object to the evidence at the time, and the evidence is admitted. After the plaintiff wins the case, the defendant appeals. One of the defendant’s grounds for appeal is that the hearsay evidence was improperly admitted at trial. How should the appellate court proceed? 

The labor efficiency variance is labeled favorable (F) if the actual hours used is less than the standard hours allowed for the actual output.

Criminal prosecution for aggravated assault by the defendant against his former business partner, who is also a former police officer. Defendant seeks to exclude admission of an Instagram post on the defendant’s Instagram account. Specifically, the defendant posted multiple visually beautiful and technically sophisticated music videos by an up-and-coming local rap artist that contains lyrics that celebrated the vicious killing of police officers. When posting the videos on his Instagram account, the defendant commented/captioned immediately beneath the videos: “Love this!”  The government seeks to admit the videos and song lyrics against the defendant. What is the strongest basis for admissibility?

Negligence action by P against D, the owner of a laundromat. P was hurt when the dryer he was loading suddenly started spinning, trapping his hand. P wishes to introduce evidence that after the accident, D fired the company that was servicing its machines and hired a more experienced company. D objects. The court should:

D’s defense in a homicide case is an alibi. D claims that he was in Cheers, his favorite bar, watching his favorite TV show, at the time of the crime. D calls the Cheers bartender to the stand to testify that D never misses watching Survivor in the bar. This testimony is: