Plaintiff was seriously injured when the bus in which she wa…

Plaintiff was seriously injured when the bus in which she was riding ran a red light and was hit by another car. She has brought an action against the bus company. Alpha, a passenger on the same bus that Plaintiff was riding on when injured, is called as a witness by Plaintiff to testify that, just after the bus came to a stop after Plaintiff was injured, Alpha said to another passenger, “We must have been going at least 50 miles per hour!” Is this testimony admissible?

 Defendant is charged with strangling Victim to death. Defen…

 Defendant is charged with strangling Victim to death. Defendant argues that Victim accidently choked to death when he choked on food he was eating. The defendant calls the medical examiner to the stand and asked, “Isn’t it true the cause of death is unknown?” The medical examiner responded, “No, Victim dies died from strangulation.” Defense counsel then asked, “But isn’t it true you stated on Victim’s death certificate that the cause of death was unknown?” The prosecutor objected. The question is: Proper because the doctor’s testimony regarding written opinions is more reliable. Proper because a party may impeach its own witness. Not proper because a party may not impeach its own witness with a prior inconsistent statement. Not proper because it is more prejudicial than probative.

Alpha was found in the street bleeding from his head. After…

Alpha was found in the street bleeding from his head. After his wounds were treated, he went to the police station, where he told Officer Beta, “I’m feeling a bit woozy right now, but I do know for a fact that it was Defendant that hit me for no good reason.” Alpha died before Defendant’s criminal trial for assault and battery. Officer Beta repeated his statement on the stand, and defense counsel objected. The objection should be:

Plaintiff was injured in a boating accident by Defendant and…

Plaintiff was injured in a boating accident by Defendant and believes that Defendant was drunk while operating the boat. Plaintiff calls Alpha to the stand. Alpha testifies that she saw Defendant on a pier before he entered his boat and she stated, “Look at that guy. He’s so drunk he can’t even stand up.” Alpha’s testimony concerning her remark to her friend is:

Plaintiff was injured in a car accident and sued. In support…

Plaintiff was injured in a car accident and sued. In support of her claim for damages for injuries, Plaintiff’s attorney sought to introduce evidence of Plaintiff’s testimony made to her boyfriend several days after the accident that “I must have injured my back because it hurts so much.” The judge ruled the testimony:

Plaintiff fell down an escalator at a store and sued Defenda…

Plaintiff fell down an escalator at a store and sued Defendant, the owner of the store, in negligence. Plaintiff calls his wife to the stand to testify that she asked him to go see a movie the day after the accident, and he stated, “I can’t. My head hurts too much.” Defense counsel objects. The evidence is:

Plaintiff is suing Defendant New York City for her injuries…

Plaintiff is suing Defendant New York City for her injuries when she was hit by a car. Plaintiff claims that a traffic light in New York City stopped working, which caused a car to hit her. Plaintiff testified that before she was hit, Bystander had shouted, “Look out, the traffic light isn’t working!” Bystander died before the trial. Defendant offers the testimony of Alpha that Bystander told her that the traffic light was working. Alpha’s testimony is:

Defendant got into an accident, and the police claimed he wa…

Defendant got into an accident, and the police claimed he was driving at an excessive rate of speed. At his prosecution for reckless driving, the prosecution calls Alpha, who will testify that Defendant’s car passed her car one minute before the accident. Alpha will also testify that she was driving 65 miles per hour and that Defendant was driving at least 75 miles per hour when he passed her. Alpha’s testimony should be:

Defendant is accused of murdering her husband because her hu…

Defendant is accused of murdering her husband because her husband was going to report her involvement in a bank robbery to the police. Alpha overheard a conversation between Defendant and an unknown person in which unknown person stated, “You better solve that problem you have with your husband in a permanent way.” Alpha testifies to this conversation at trial, and defense counsel objects. The judge should: