In a personal injury case involving a 2 car collision, the P wishes to introduce a sworn deposition taken from a W who died 2 weeks before the case came to trial. In the deposition, the W stated that she saw the D run a red light at the time of the collision with the P's car. Both the P's and the D's attys were present at the deposition. The D objects in the appropriate manner to the introduction of the W's statement. How should the court rule on the admissibility of the deposition?

The owner of a jewelry store brought a civil action against a former clerk for the value of various pieces of jewelry missing from the store. The d had been fired after another employee had reported that the D was stealing jewelry. At the trial, the P calls his employee as a W. The W testifies that he does not remember either having seen the D take anything from the store or having told the P that she had done so. The P then takes the W stand and proposes to testify to what the W had told him about seeing the D stealing pieces of jewelry from the store. Assuming appropriate objection by the D, woudlsuch testimony b the P be admissible

The P is suing the D for misrepresentation, alleging that the D claimed his business was valued at #250,000 when he sold it to the P, but that an appraiser hired by the P concluded that it was only worth 4150K. At trial, the D's atty offers a report prepared by an accountant shortly after the transfer agreement was signed. While reports of this kind are not normally prepared by the accountant, he prepared this one as a favor to the D. The report contained an extensive analysis of the financial condition of the business and concludes that the value of the business could be placed at $250K instead of $150K. the P's atty objects to the introduction of the report as evid of th value of the business. How should the court rule on the report?

A motorist who failed to stop at a stop sign was struck by a car being taken for a test drive by a mechanic who had repaired the car's brakes. The motorist sued the repair shop that employed her to recover for his injuries. At trial, the motorist called a bystander to testify that when the mechanic saw that the motorist was injured, she ran over and told him, "I'm really sorry. I guess I didn't fix the brakes as well as I thought." should the repair shop's objection to the bystander's testimony be sustained?

A V was struck by a car in a hit and run accident. a police officer arrived half an hour after the accident. The V was in shock and came in and out of consciousness. As the officer applied first aid, the V muttered, "I know I'm going to die. Oh my, he rant the light!" the V fell back into a deep unconsciousness, but revived again and muttered, "Why didn't he stop?" The officer heard the comments clearly and made a note of them. God police work by the officer and others led to the discovery of the driver of the car that struck the V. The V survived and filed a tort action against the driver. Before the case came to trial, the V died of a heart attack. The causes of the hear attack were totally unrelated to the accident. The laws of the jurisdiction allow for survival of personal injury actions. Thus, the V's estate is substituted for the V as P. If the P's atty seeks to have the officer testify to the V's statements at the time of the accident, how will the court rule?

Undercover police arrested a brother and a sister after a 4-month investigation into a series of residential burglaries. During interrogation, the brother admitted that he had committed 8 of the burglaries, including one where he stole a valuable painting that he "fenced" to the sister. According to the brother, the sister subsequently sold the painting and gave the brother a share of the sale price. The sister was charged with receipt of stolen property, a misdemeanor offense, and was subsequently convicted. The painting was not recovered and the owners filed suit against the sister for damages. At trial, the brother testified to having "fenced" the painting to the sister. If the owners' atty trieds to introduce a certified copy of the recored of the sister's conviction to corroborate the brother's testimony that the sister possessed and sold the painting on proper motion will this evidence be admitted?

A W was stopped at an interscetion when she saw a car run a red light, strike the V in the crosswalk, and proceed through the intersection. The W gave a very detailed description of the driver to the police officer at the scene. Based on this description, the police apprehended the D and charged him with several criminal counts for the accident that seriously injured the V. the W testified at the trial, but the d was acquitted. The V then filed a civil suit against the D to recover for her injuries. Before the trial of the V's suit, the W died. In her suit against the D, the V offers into evidence the police report containing the W's description of the driver. The D objects. How should the court rule on the admissibility of the report?

A test preparation course sued a rival program for interference with business relations. The rival program had taken the test preparation course's reply cars from various colleges and mailed them in hoping to swamp the clerks with work and cut the course's profit margin. The rival program also induced a professor under contract with the course to break his contract and lecture with the rival program for a percentage of the profits. the course director caught on to what the rival program was up to after the professor suddenly left the course. The director ordered his clerks to log in, for a 2 week period, any and all business reply requests from the rival program's city. Immediately after the tally record was complete, the test preparation course filed its suit. At trial, the course's atty offers the tally record into evidence. The defense atty objects. should the court find the tally record to be admissible?

A decedent was prosecuted for criminal violations of a hazardous waste disposal act and convicted, inpart on the testimony of a W. After the decedent's death, the P on whose property the decedent dumped the hazardous waste brought suit to recover the cleanup costs against the executor of the decedent's estate. Because the W is currently incarcerated in another state beyond the reach of the court's subpoena powers, the P seeks to intorduce the transcript of the W's testimony from the decedent's criminal trial in the present action. The executor objects to its admission. How should the court rule on the admissibility of the transcript?

Several members of a small terrorist group are on trial in federal court for conspiring to bomb a military installation. The prosecution would like to introduce the testimony of a military guard at one of the installation's gates. The guard had been present when a bonb that was being planted by a member of the group had exploded prematurely. The guard will testify that she ran over to administer first aid to the member, who in great pain told her that his group was in the process of planting 3 other bombs in other areas of the military installation and was going to detonate them all at the same time to get publicity for their cause. The gurard will also testify that the member disclosed the locations of the other bombs and the names of 2 other members of the group. The authorities were able to prevent the other bombings and arrest the other members of the group. The member died from his injuries. What is the best basis for allowing the guard to testify as to the member's statements?

A P brough a malpractice action against a law firm that had represented him in a personal injury suit. The P alleges that the firm was derelict in failing to interview a doctor he suggested as a prospective expert W. The firm's pleadings contend that the doctor was never brought to the attention of anyone at the firm and was never considered as a W. The P wants to introduce a "proposed W list" from his case file at the firm. After the name of the doctor is the notation, "the P wants us to check this guy out before trial." The notation is in the handwriting of a paralegal with the firm who is responsible for updating various case files as part of his regular duties. The paralegal di no direct work on the P's case and he cannot remember which atty in the firm asked him to make the notation. The defense objects to the introduction of the proposed W list containing the notation. Is the proposed W list and notation admissible?

A W's nephew was visiting her from a foreign country. One evening, the nephew went out with friends. At 11pm that night, he appeared back at the W's house, pounding loudly on the door. She let him in, and noted that he was panting and out of breath. He immediately told her, "You won't believe what I just saw! I was walking past your neighbor's house just now and the wife ran up to me with a gun in her hand. She looked me straight in the eyes and said, 'I killed the philandering fool' before running off down the street." After the nephew returned to his country, the wife was put on trial for the murder of her husband. The prosecution wants to put the W on the stand to testify regarding the nephew's statement to her. The defense objects. Can the W testify to the nephew's statement?

An elderly woman was the only eyewitness to an automobile accident that occurred one block from her nursing home residence. During the ensuing trial, the P calls the W to the stand. After a few questions, it becomes clear that hte W remembers having seen the accident, but her memory of the details has grown fuzzy. The P's atty wishes to introduce into evidence the contents of some handwritten notes made by the W after she returned to her room after witnessing the accident. Which of the following is FALSE statement with respect to the admissibility of the contents of the notes?

A D is charged with the burglary of a warehouse. At the request of the police investigating the burglary, the night watchman at the warehouse who had seen the thief leaving the premises wrote out a description of the thief, who bore a strong likeness to the D. However, the night watchman died of a heart attack before the D was arrested and brought to trial. The prosecution attempts to offer the description written out by the night watchman into evidence. Is the description admissible?

A husband and wife were arrested by federal agents and charged with distributing obscene materials through the U.S. mail. when called before a grand jury, the wife refused to say anything, invoking her 5th Amendment right to be protected from compelled self-incrimination. the husband was terrified of the GJ and readily admitted under questioning that he sent obscene matter through the mail. He also incriminated his wife in the illegal activity. The thought of a trial and a prison term drove the husband over the edge, and he committed suicide 2 days before his trial was to begin. A month later, the wife was put on trial in federal district court. The federal prosecutor seeks to introduce a transcripte of the husband's GJ testimony into evidence aginst the wife. The defense atty objects. How should the court rule on the admissibility of the GJ transcript?

During his lunch break one day, an employee took a company vehicle to a fast food restaurant and got into an accident on the way back. The driver of the other car sued the company. the company, in its defense, claimed that the employee's use of the vehicle was unauthorized. At trial, the company calls the employee's boss. The boss offers to testify that the employee called him5 minutes after the accident and stated, "I hope you won't be sore, but I took the company car without permission, and I don't wan to be fired." The court should rule that the evidence is

the D is charged with having been 1 of 2 men who robbed a tavern and its patrons at gunpoint at 5:30pm on December 16th. The D calls a W to testify that he was at the D's house about 9:30am on December 16th, and that as he was leaving, the D said to him, "I'm going to my mother-in-law's house this afternoon for a birthday party. Is th eW's testimony admissible?

The issue at trial is whether snow was falling the early morning hours in the mountains in New Hampshire on a particular day. A waiter testified that he was serving a customer that particular day and the customer said, "Now that it is snowing, I'lll be able to ski all day!" Is the testimony by the waiter of the customer's statement admissible?

A confession of co-conspirator naming the D as the head of a drug smuggling righ is introduced by the government to prove the D's guilt. The D's counsel objects. The trial court should rule that the statement is

At a D's trial for murder of his former employer, the prosecutor offers into evidence a note that was found during a lawful search of the D's apartment. The note states: "The demon compels me to kill my former employer. I thirst for his bloody spirit." At trial, the D's former girlfriend is called by the prosecution to testify that the handwriting was, in fact the D's. The D's atty objects. The trial judge should:

A heavyset man with long red hair robbed a liquor store. Thereafter, a man was arrested and charged with armed robbery. At the man's trial, the owner of the liquor store was called to testify. He admitted that he was unable to identify the man, who now had a shaven head, as the robber. The prosecuting atty then handed the owner 6 photographs. He proposed to testify, over the defense objections, that he previously told the prosecuting atty that picture #4 admittedly a picture of the man before he shaved his head, was a picture of the person who robbed his store. The owner's proffered testimony should be:

While riding her bike along the street, a woman was struck by a vehicle that she didn't see. Subsequently, the woman sued the driver of the vehicle to recover damages for her injuries. At trial, the woman calls a police officer to testify that a few minutes after the accident, a driver stopped him and said, "Hey officer, I just saw an accident involving a red truck that hit this girl who was riding a bike. The truck left the scene of the accident and I followed it to a warehouse." The police officer then testified that the immediately drove to the warehouse and saw the D sitting in a red truck that was parked in the lot. The driver is available to testify at trial. Upon objection by the D's atty, the police officer's testimony regarding the driver's statement should be:

a D is charged with murder and relies upon a claim of self-defense. At trial, the D attempts to show that prior to the killing, he was told by a drinking buddy that , "The victim has killed 5 men and would as soon kill a man as look at him." If the statement by the drinking buddy is offered into evidence to prove that the V, in fact, killed the 5 men. The statement should be ruled:

A baseball fan attending a winning World Series game was shot by a security guard trying to exercise crowd control after the game.. the fan sued the security guard. A trial, the fan's atty called the hospital custodian of records as a W in order to introduce a portion of the record by the emergency room physician. The physician, who is now deceased, reported in the record that the fan said he was shot by the security guard. Assuming the custodian lays the proper foundation for a business record, is the statement form the record admissible?

A cyclist is suing a driver after being hit by the driver on the street. At trial, a copy of a hospital record is offered into evidence that includes the cyclist's statement made 30 minutes after the accident to hospital personnel. The notation in the record states: "The cyclist was injured after being struck by a car." Is the cyclist's statement in the hospital record admissible at trial?

A deliveryman sued a homeowner for injuries resulting when the deliveryman tripped on a broken step leading to the homeowner's front door. At trial, the delivery man's atty called a bystander to testify that just before the delivery man was injured, he heard him say, "it is so dark out here I can't see where I'm walking." The homeowner's atty objected to the bystander's testimony. Is the bystander's testimony admissible?

A man was drinking at a bar and became intoxicated. As he drove home, his car collided with the car of another driver. The driver was seriously injured and brought a personal injury suit against the man. St trial, the driver's atty offered into evidence a judgment of conviction showing that the man had been convicted of felony aggravated DUI as a result of the accident. The man's atty objected. Is the judgment of conviction admissible?

The director of waste disposal for the village was being sued by property owner after the director ordered the disposal crew to dump toxic waste inito a pond adjacent ot the property owner's land. The property owner wishes to testify that she had a conversation with a member of the disposal crew who told her that th edirector had ordered the disposal of the waste into the pond and that it was toxic. Is the testimony admissible?

An airline passenger purchased a plane ticket from the airline company via their Web site. When he tried to board the flight, the clerk told him that he did not have a ticket and could not board. The passenger missed the flight and sought to recover damages for the price of the ticket plus the cost of his weekend vacation tour package. The airline company denied that the passenger ever bought a ticket. A former airline employee who managed the company's Web site purchases testified that no ticket was bought by anyone with the passenger's name during the time in question. The representative's testimony is:

At the D's trial for grand theft auto and other offenses, the prosecution offers to introduce the testimony of a police officer. The officer will testify that he showed a photographic lineup containing the D's picture to a W who had seen the D fleeing from the stolen vehicle at the conclusion of a high-speed chase, and the W selected the D's picture. The W has left the state, and she refuses to return. Shoue the court admit the evidence?

A D was on trial for attempted murder. The V testified that she was shot by the D at point-blank range. She further testified that the D shouted: "I'm going to put an end to your life once and for all." The D's atty did not cross-examine her and she was then excused front he W stand. The prosecution called another W to testify that immediately after the shooting, the V said, "I'm dying. Don't let the D get away with this." Upon objection by the D's atty, is the V's testimony admissible?

A patient sued a doctor and a manufacturer for medical malpractice after a laser eye surgery left her blind in both eyes. The patient contends that the laser equipment malfunctioned and that the doctor knew or should have known that the laser equipment was not working properly. An ophthalmologist, one of the leaders in laser eye surgery, sat in court while the patient testified about the laser eye surgery. The patient called the ophthalmologist to the stand to question him as to whether the doctor should have known that the laser equipment was not functioning properly. The Witness' testimony is:

A P filed suit against a D. In order for the P to prevail, it would be necessary for her to prove that the D was in Hawaii on July 4th. The P sought to prove this point by introducing an authenticated letter to the D from his fiancée, in which she told him that she was looking forward to spending the holiday with him in Hawaii. The letter the P seeks to introduce:

A man on trial for the murder of a woman. The man presented an alibi defense. The prosecution noted that the woman's medical records indicated her time of death to be 9:00PM. The woman's roommate testified that when she arrived home that evening, there was a message on the answering machine from the woman stating that she was leaving with the man to go to dinner. The time of the message was clocked at 8:45pm. The roommate's testimony is: