The defendant is prosecuted for rape. A witness for the defense testifies that, “I know the victim well. In my opinion she is the kind of person who would engage in consensual intercourse.” The defense counsel objects.How would a judge rule?

In an action for personal injuries the plaintiff claims she sustained at an intersection, the plaintiff testifies that she came to a complete stop before proceeding through the intersection. On cross-examination, the defendant seeks to impeach the plaintiff through the plaintiff’s deposition testimony. At trial the defendant asked the witness “At your deposition you were asked if you came to a complete stop.” And you answered “almost.” Counsel for the plaintiff objected. Will a court sustain the plaintiff’s objection? Yes. The testimony is a violation of the Best Evidence Rule. Yes. The defendant is trying to prove the contents of the deposition. No. The defendant is not trying to prove the contents of the deposition. No. This is not a proper form of impeachment. Select an answer from the following options:

The hair cells (nerves) and tectorial membrane used for hearing are found in

The right ventricle of the heart forces blood to flow Select all that apply:

Petra owns a store that sells women’s clothes. Petra created a design for a travel dress for women that has a number of special hidden pockets for things like cell phones, passports, credit cards, etc. Petra contacted Dell’s Dress Manufacturers, a company that manufactures dresses, and asked Dell if he could manufacture the travel dress she had designed. Petra wanted ten dresses in each of ten sizes for a total of 100 dresses. Petra said she would order more if the dress design proved popular. Dell says he could manufacture the dresses Petra wanted for $50 each, for a total price of $5,000, delivery included. Petra wanted the dresses by February 1, 2025 for Spring sales to women planning summer travels. Dell agreed to this date. Petra paid the $5,000 that day. Petra asked Dell not to sell her design to anyone else, and Dell promised he would only make the dresses Petra designed for her. During January Dell manufactured the dresses for Petra. But when a representative from a major department store visited the factory, the department store representative was shown Petra’s dresses and wanted them. The department store representative offered $100 for each dress if he could have them on February 15, 2026, as this Spring’s order was already in place. When February 1 came Dell did not deliver the dresses to Petra. Petra called Dell, but Dell would not take her calls. She went to Dell’s factory and found out Dell was considering selling the dresses to the department store for double what she had paid. Petra called other manufacturers that afternoon and they said they could make the dresses for her for $75 each. Petra comes to your law office and asks about suing Dell for breach of contract. She does not want the department store involved and rejects suing them for the tort of interference with contract. She wants to know what remedies she could get and if she should turn to another manufacturer, or if there is any way to get the dresses from Dell. What do you tell Petra? You may use IRAC. Do not discuss any torts.

The person who has bipolar disorder I experiences which of the following symptoms? (Select all that apply) a & b

Paula contacted Debbie of Debbie’s catering to discuss catering for Paula’s Christmas party. Debbie said she was available on the day Paula had chosen. Paula asked about what the catering would cost. Debbie said she needed to know how many people would attend and what foods Paula wanted to serve. Paula said she expected 20 guests. Paula told Debbie she wanted Swedish meatballs in cream gravy, mini-croque monsieur sandwiches, a big gourmet chacuterie board, shrimp cocktails, sausage stuffed mushrooms, goose liver pate with baguettes, hot wassail, hot chocolate, and a huge trifle desert. Paula estimated she could do all of that for 20 guests for $2,000, payable in advance. A few days later Debbie called Paula and let her know the written contract was ready for her signature. Debbie came over to Paula’s house and showed her the written contract. It was 20 pages long and had already been signed by Paula. Paula signed the contract without reading it and wrote a $2,000 check made out to Debbie and gave it to her. Debbie said she would make a copy of the contract for Paula and bring it to the party {which was in three days). After signing, Paula asked “can I keep the leftovers? I forgot to ask about that.” Debbie said “sure, you can keep the leftovers if there are any.” The day of the party Debbie showed up with her team and a van full of food. But not everything was as Paula had planned. There were Swedish meatballs, but they were in BBQ sauce. The sandwiches were just ham and cheese. The chacuterie board was just bologna, salami, and three kinds of ordinary cheese. The pate was pork liver sandwich spread with dinner rolls. There was apple juice and a pumpkin pie. The rest was missing altogether. Paula said she was disappointed. Debbie handed her a copy of the contract and a bill for $300. The contract said, “This is the complete agreement of the parties and is intended to be a fully integrated contract.” It also said, “It may be necessary to make substitutions for items that have been requested.” And, the contract also said, “Buyer will be responsible for any const overruns beyond the initial estimate.”  Last, the contract said “because of health concerns leftovers must be carried away for disposal.” Debbie did in fact carry off about 20% of the food as it had not been eaten by the end of the party. Paula went to two other caterers and asked them about what happened. They agreed the spread Debbie provided could have been had for $500. They did say it was industry custom not to leave leftovers, but they sometimes looked the other way if a customer was trying to keep them. Paula comes to your law office wanting to sue Debbie. She asks what damages she might be able to get for breach of contract and if there are any problems with her case. What would you tell Paula? Do not discuss torts. You may use IRAC, You do not need to address each food separately.

A patient without diabetes or chronic kidney disease has an average BP reading of 132/70 mm Hg after 3 months of exercise and diet modifications. Which management strategy will be a priority for this patient?

Art met Betty on a dating app.  Upon arriving at Betty’s apartment after their first date, Art asked Betty if he could use her restroom.  She agreed and allowed him to enter her apartment.  However, once inside, Art attacked Betty, who sought to push him away.  Art then threw Betty onto the floor and raped her.     Betty later reported the incident to the police and Art was prosecuted for the crime of rape.(1) At trial, the prosecutor called Carla as a witness, who testified that she too had been raped by Art.  Unfortunately, that trial had resulted in a hung jury. (2)  On direct exam Betty testified that she would never have consented to having sex with Art in that she believes that sex before marriage is wrong. Defense counsel then called Ed as a witness who testified that he too had hooked up with Betty on the dating app and that she invited him into her apartment where they engaged in consensual sex. (3) Defense counsel then called Dorthy as a witness who testified that she had dated Art for 6 months and stated that in her opinion Ed was always a perfect gentleman in the way he respected her honor. (4) On cross-examination, the prosecutor asked Dorthy whether she was aware of the fact that Art had previously faced criminal charges for rape.  When she answered “no”, the prosecutor asked her whether knowing that would have changed her testimony.  Discuss all legal issues relating to (1) the testimony of Carla; (2) the testimony of Ed; (3) the testimony of Dorthy; & (4) the propriety of the cross examination of Dorthy by the prosecutor.  The California Evidence Code applies in this jurisdiction.

Which of the following factors affect the accuracy or precision of pulse oximeters? Sensor misalignment/incorrect probe size Dark skin pigmentation  Presence of HbCO  Nail Polish