Witness may testify orally that he paid for goods received without producing the receipt that was given.
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An officer was driving in her squad car when she spotted the…
An officer was driving in her squad car when she spotted the defendant, whom the officer knew because she had arrested him for an armed robbery in the past. She followed the defendant for awhile and noted that he kept looking nervously over his shoulder at the squad car and that he was carrying a brown paper bag in his hand. Suddenly, the defendant darted into an alley. A few moments later, he emerged from the alley without the paper bag and began running. The officer put on her siren and pursued the defendant. He was quickly apprehended and searched by the officer. She then drove back to the alley to search it. About six feet from the entrance to the alley, the officer found a paper bag that contained a handgun. She copied the gun’s serial number before taking the gun back to the police station. The defendant was charged with illegal possession of a handgun and carrying a concealed weapon. At his trial, while the officer is testifying, the prosecution seeks to admit the gun that the officer found into evidence against the defendant. The defense attorney objects on the grounds that the gun lacks proper identification. Should the objection be sustained?
A union filed suit against a corporation, known for its anti…
A union filed suit against a corporation, known for its antiunion management, asserting that its members were being discharged in retaliation for membership in the union rather than for any failure to perform their jobs properly. Under the pretrial discovery orders, a union employee was allowed to examine all of the records held in the corporation’s files concerning discharge of employees for a seven-year period prior to the instigation of suit by the union. The employee sorted through this large volume of material and discovered that persons who were union activists usually had “lack of corporate spirit” listed as their reason for discharge, while other fired workers tended to have more specific grounds for discharge listed, e.g., persistent lateness. The employee developed a chart showing grounds for dismissal of union members versus nonmembers based on the data in the files. At the trial, the union placed the employee on the stand. She testified in some detail regarding how she had conducted her research. The employee brought out the chart and the union’s lawyer asked that the chart be admitted into evidence. The corporation’s attorney objected. How should the court rule on the admissibility of the chart?
A defendant whose insurance company must pay if a plaintiff…
A defendant whose insurance company must pay if a plaintiff recovers a damage award is often represented by a lawyer hired by defendant’s insurance company under the “Duty to Defend” clause of the insurance contract. The jury is told of this arrangement.
An insane person, even one who has been adjudicated incompet…
An insane person, even one who has been adjudicated incompetent, may testify, provided he understands the obligation to speak truthfully and possesses the capacity to give a correct account of what he has perceived in reference to the issue in dispute.
Determining witness competency to testify under Rule 601 is…
Determining witness competency to testify under Rule 601 is different from determining a defendant’s competency to stand trial in a criminal case, which requires that the defendant have the capacity to understand the proceedings, consult meaningfully with counsel, and assist in his defense.
Witness may not testify about the content of a written deed…
Witness may not testify about the content of a written deed unless sufficient reason is given for not producing the original deed.
A nurse is preparing to administer an IV dose of mannitol. W…
A nurse is preparing to administer an IV dose of mannitol. While inspecting the IV solution, the nurse notices small crystals present in the tubing and solution. Which action should the nurse take?
A nurse is reviewing medication classes with a group of nurs…
A nurse is reviewing medication classes with a group of nursing students during a cardiovascular pharmacology lesson. The instructor asks the students to identify the correct mechanism of action of antiplatelet medications. Which student statement demonstrates correct understanding?
A nurse is caring for a client who has heart failure and a p…
A nurse is caring for a client who has heart failure and a prescription for digoxin 125 mcg PO daily. How many tablets should the nurse administer per dose?