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Question 1
Stacy sued Carla in Texarkana state court for wrongful termination of employment. During Stacy's case-in-chief, Stacy argues that Carla fired her because Stacy discovered Carla's illegal business practices. The Texarkana employment protection statute requires that Stacy show she was employed by Carla, that her termination was without cause, and that she filed a grievance with her company's Board of Directors in order to receive monetary damages and reinstatement. Stacy presents evidence of employment and termination without cause, but fails to show that she filed a grievance. At the conclusion of Stacy's case, Carla filed a motion to dismiss. What is the court's likely action?
Correct Since Stacy failed to establish that she filed a grievance in accordance with the Texarkana law, she has failed to establish a prima facie case. Stacy's failure to present a prima facie case enables the court to consider Carla's motion to dismiss for failure to establish a prima facie case. Stacy had to present her prima facie case by the conclusion of plaintiff's case-in-chief.
Incorrect! Since Stacy failed to establish that she filed a grievance in accordance with the Texarkana law, she has failed to establish a prima facie case. Stacy's failure to present a prima facie case enables the court to consider Carla's motion to dismiss for failure to establish a prima facie case. Stacy had to present her prima facie case by the conclusion of plaintiff's case-in-chief.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 2
Ned is suing Kristen for negligence in Texarkana state court. Ned alleges that Kristen failed to adequately shovel the snow on the sidewalk in front of her coffee shop. In addition, Ned states that Kristen left dangerous black ice on the uncovered sidewalk area and that he slipped and fell, breaking his wrist. On direct examination, Ned testifies that he carefully attempted to maneuver around the snow and ice, but that there was no way to pass and as a result, he fell. Ned also testifies that the fall caused the broken wrist. On cross-examination, Kristen's attorney inquired into a hockey game that Ned had played in a week before in which he had injured the same wrist that allegedly broke when he fell. In response to the question, Ned denied sustaining an injury during a hockey game. Kristen's attorney provided an x-ray of the wrist and a doctor's written deposition supporting that Ned's wrist break was sustained in the game. Ned finally confessed that the injury was not caused by his fall in front of Kristen's coffee shop. Is the cross-examination permissible? I. Yes, because the x-ray and the doctor's deposition are related to the cause of Ned's injury. II. Yes, because the cross-examination attempts to attack the plaintiff's case by offering an alternative cause of the injury. III. No, because the cross-examination is outside the scope of the direct examination. IV. No, because the cross-examination does not go to his credibility.
Correct
Incorrect!
Correct
Incorrect!
Correct The first and second statements are both correct answers because it attacks the cause of the injury that forms the basis for the demand for relief. These two statements also attack Ned's credibility because he denied claims that the wrist injury was caused by the hockey game. The third and fourth statements are not correct because the cross-examination goes to Ned's credibility and is not outside the scope of the direct examination since it goes to the injury.
Incorrect! The first and second statements are both correct answers because it attacks the cause of the injury that forms the basis for the demand for relief. These two statements also attack Ned's credibility because he denied claims that the wrist injury was caused by the hockey game. The third and fourth statements are not correct because the cross-examination goes to Ned's credibility and is not outside the scope of the direct examination since it goes to the injury.
Correct
Incorrect!
Question 3
Stan sued Trent in the state of Texarkana for damages based on Texarkana slander laws. Stan alleges that Trent, who was interviewed on national television, stated on air that Stan "viewed child pornography on the internet on a regular basis". Stan, outraged that Trent's comment was a complete lie and would negatively hurt his career and image, sued Trent. During the plaintiff's case-in-chief, Stan established that the statement was false and that it had been published to millions of viewers across the country. As the last witness, Stan took the witness stand to testify. He attested to the fact that his career had been significantly and negatively impacted by the comment, and socially he has been ostracized in Texarkana City. On cross-examination, Trent's attorney attempted to raise questions regarding his custody battle for his two kids with his estranged wife, Estelle. Is this a proper topic for cross-examination? Note that Texarkana follows the cross-examination rules commonly found in a majority of jurisdictions.
Correct
Incorrect!
Correct Under the rules of most jurisdictions, the scope of cross-examination examination is largely determined by the direct examination and the issues related to the witness's credibility. In the above scenario, the child custody battle does not fall into either of these categories. Therefore, the judge should prohibit the line of questioning. Answer (a) is incorrect because it is a misstatement of law; there are restrictions on the topics that may be explored during cross-examination. Answer (c) is incorrect because there is no direct link between the slander charge and the custody issue. Answer (d) is incorrect because the custody issue has no bearing on Stan's credibility.
Incorrect! Under the rules of most jurisdictions, the scope of cross-examination examination is largely determined by the direct examination and the issues related to the witness's credibility. In the above scenario, the child custody battle does not fall into either of these categories. Therefore, the judge should prohibit the line of questioning. Answer (a) is incorrect because it is a misstatement of law; there are restrictions on the topics that may be explored during cross-examination. Answer (c) is incorrect because there is no direct link between the slander charge and the custody issue. Answer (d) is incorrect because the custody issue has no bearing on Stan's credibility.
Correct
Incorrect!
Correct
Incorrect!
Question 4
After a defendant conducts cross-examination of plaintiff's witness, it is permissible for the plaintiff's attorney to do which of the following?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Re-examination of a witness after cross-examination is typically limited to issues raised during cross-examination. The other three answers are incorrect statements of law.
Incorrect! Re-examination of a witness after cross-examination is typically limited to issues raised during cross-examination. The other three answers are incorrect statements of law.
Question 5
Elena was representing her client in a dispute over an authentic handwritten draft of the Gettysburg address. The draft contained the date July of 1862 (the actual Gettysburg address was delivered in November 19, 1863), and had notations in the handwriting of President Abraham Lincoln. As part of her case, Elena sought to introduce the date the address was delivered. What is the best way for Elena to introduce the date into court?
Correct
Incorrect!
Correct
Incorrect!
Correct Judicial notice is the most efficient way to enter evidence which is well known to most people, or can be determined from a reliable, available source.
Incorrect! Judicial notice is the most efficient way to enter evidence which is well known to most people, or can be determined from a reliable, available source.
Correct
Incorrect!
Question 6
Stephanie was suing Ricardo in Texarkana state court for damages suffered when Ricardo crashed his van into Stephanie's car on July 5, 2003. Neither party disputes that the accident occurred on that date. What is the most efficient way for both parties to introduce the date of the accident?
Correct The most efficient way to enter the date of the accident into the record is for both parties to stipulate the date. There is no dispute as to the date of the accident. By stipulating the date of the accident, neither party must enter evidence that proves that the accident occurred on July 5, 2003. Answer (b) is not the proper answer because the court cannot take judicial notice of the date of the accident. It is not a well known public fact, like the date that the United States Constitution was signed. Answer (c) is a correct answer, however, not the most efficient way to enter the date of the accident. In order to enter the police record, the attorney would be required to abide by the Federal Rules of Evidence, which requires verification of the report as well as other steps. Answer (d) is an improper statement of law.
Incorrect! The most efficient way to enter the date of the accident into the record is for both parties to stipulate the date. There is no dispute as to the date of the accident. By stipulating the date of the accident, neither party must enter evidence that proves that the accident occurred on July 5, 2003. Answer (b) is not the proper answer because the court cannot take judicial notice of the date of the accident. It is not a well known public fact, like the date that the United States Constitution was signed. Answer (c) is a correct answer, however, not the most efficient way to enter the date of the accident. In order to enter the police record, the attorney would be required to abide by the Federal Rules of Evidence, which requires verification of the report as well as other steps. Answer (d) is an improper statement of law.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 7
Edward sued Thomas in Texarkana state court for negligence. Thomas, the owner of a grocery store in Texarkana City, failed to maintain clean floors. On February 28, 2003, Edward was walking through the produce section when he slipped and fell on a banana peel that had been negligently left on the floor. During plaintiff's case-in-chief, Edward's attorney demonstrated that Thomas had a duty to maintain a safe and clean environment, that the banana peel caused the physical injury, and that he sustained damages. However, Edward's attorney failed to establish that there was a breach of duty, which is required under Texarkana's negligence statute. At the conclusion of Edward's case-in-chief, Thomas's attorney filed a motion for judgment as a matter of law. At this time, Edward's attorney provided the court with evidence of the breach. How should the court decide on the issue of Thomas's motion?
Correct
Incorrect!
Correct Edward's attorney presented sufficient evidence to support all elements of the negligence action. Even though Thomas's attorney filed the motion for judgment as a matter of law in a timely fashion, Rule 50 of the Federal Rules of Civil Procedure as well as supporting case law gives the non-moving party the opportunity to supplement the court with additional evidence that would defeat the motion. Answer (a) is an improper statement of the rule. Answer (c) is not the best answer because the timeliness of the filing of the motion has no bearing on the outcome. If there is no basis for the motion, timeliness of its filing will not preserve it. Answer (d) is an improper statement of law.
Incorrect! Edward's attorney presented sufficient evidence to support all elements of the negligence action. Even though Thomas's attorney filed the motion for judgment as a matter of law in a timely fashion, Rule 50 of the Federal Rules of Civil Procedure as well as supporting case law gives the non-moving party the opportunity to supplement the court with additional evidence that would defeat the motion. Answer (a) is an improper statement of the rule. Answer (c) is not the best answer because the timeliness of the filing of the motion has no bearing on the outcome. If there is no basis for the motion, timeliness of its filing will not preserve it. Answer (d) is an improper statement of law.
Correct
Incorrect!
Correct
Incorrect!
Question 8
Hearsay is:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Every statement made out of court is not necessarily hearsay, nor is every statement made by one other than a party to the action. Finally, every statement made by one not personally familiar with the facts giving rise to the case is not necessarily hearsay.
Incorrect! Every statement made out of court is not necessarily hearsay, nor is every statement made by one other than a party to the action. Finally, every statement made by one not personally familiar with the facts giving rise to the case is not necessarily hearsay.
Question 9
While walking on the pathway into Stuart's house, Haley slips and falls on some ice that has accumulated on the slate, injuring her knee. Her friend Sarah accompanied Haley at the time. A few days later, Sarah tells her friend Norman about the incident and says, "It looked like Stuart had never salted his pathway!" Haley brings an action against Stuart to recover damages for her injuries. In support of her case, Haley's attorney calls Norman as a witness and asks: "What did Sarah tell you about the condition of Stuart's pathway?" Stuart objects to the question on the ground that it calls for inadmissible hearsay. Should the court sustain or overrule the objection?
Correct Haley's attorney has asked Norman to relate what Sarah said about the condition of Stuart's pathway to prove that Stuart had not salted his pathway. The question calls for Norman to relate a statement that was said out of court as proof of the content of the statement ' this is inadmissible hearsay. (c) is obviously incorrect because the attorney does not have the right to ask any question to prove his client's case. (d) is incorrect because the attorney may ask persons other than the plaintiff about the condition of Stuart's pathway. In this instance, the attorney should ask Sarah about the condition of Stuart's pathway, since she has personal knowledge of the condition of the pathway.
Incorrect! Haley's attorney has asked Norman to relate what Sarah said about the condition of Stuart's pathway to prove that Stuart had not salted his pathway. The question calls for Norman to relate a statement that was said out of court as proof of the content of the statement ' this is inadmissible hearsay. (c) is obviously incorrect because the attorney does not have the right to ask any question to prove his client's case. (d) is incorrect because the attorney may ask persons other than the plaintiff about the condition of Stuart's pathway. In this instance, the attorney should ask Sarah about the condition of Stuart's pathway, since she has personal knowledge of the condition of the pathway.