Defendant began to sell drugs in a neighborhood of his town. Defendant’s friend, Alpha, told him, “You should stop selling drugs in that neighborhood. That’s Beta’s drug turf, and Beta killed the last person who sold drugs in his neighborhood.” The next day, Defendant saw Beta, and, fearing for his life, killed Beta. At his trial for murder, Defendant wants to testify as to Alpha’s statement in order to prove that Beta once killed a rival drug dealer who sold drugs on his turf. The prosecutor objects. The testimony is:

Plaintiff was injured in a car accident and brought suit. She hired an economist, Alpha, to testify on her behalf. Alpha testifies that she reviewed Plaintiff’s medical expenses, lost earnings, and rehabilitation expenses. She also consulted tables for life expectancy rates. Plaintiff’s counsel then asks Alpha to calculate the total monetary loss sustained by Plaintiff. Defense counsel objects. The court should find Alpha’s testimony is:

Halwani believes ‘casual sex’ is:

Plaintiff’s house burned down, and she suspected that a defective furnace was the cause. She sued the furnace manufacturer. At trial, Plaintiff called a furnace specialist who testified that she reviewed the design of the furnace, reports pertaining to burn patterns, and reports as to Plaintiff’s injuries from the fire. The specialist then proposes to testify that the injuries were caused by the furnace. The court should find the testimony is:

According to Halwani, fungibility is necessarily (always) wrong.

Defendant was charged with murder after killing Victim in a fight. The defense calls Alpha, who testifies that Victim was the aggressor in the fight. Alpha also testifies that he has known Defendant for years and that, in his opinion, Defendant is a peaceful man. The prosecution then calls Beta to the stand to testify that Victim was a peaceful man. Beta’s testimony will be:

According to Halwani, someone might think that fungibility is morally wrong because it is like treating people like pens or paper cups.

Defendant was driving a driver lawn mower while cutting the grass in an apartment complex. His co-worker, Alpha, approached him and said, “You better slow down – you’ve been warned by the boss that you drive that thing too fast.” Defendant subsequently hit Plaintiff with the lawnmower, and Plaintiff sued Defendant and his employer in negligence. Plaintiff seeks to introduce Alpha’s statement. The judge should only rule the statement admissible if:

Plaintiff was accidently shot by a gun at a party and brought a civil case against Defendant, the alleged shooter. Defendant calls Alpha to the stand, expecting her to state that Defendant was not the shooter. On direct examination, however, Alpha testifies that Defendant may have been the shooter. Defendant then seeks to confront Alpha with her statement made at a deposition that Defendant was not the shooter. The statement contained in the deposition is:

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