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:

Defendant was involved in an automobile accident where he hit Pedestrian. Defendant was charged with driving under the influence of alcohol. At the preliminary hearing, Defendant initially pleaded guilty, but she withdrew her plea when the judge told her that the sentence would be two years in prison. The judge allowed Defendant to change her plea to not guilty. Defendant was eventually convicted. Pedestrian is now suing defendant in a civil action for the injuries he sustained in the accident. If pedestrian tries to introduce evidence of Defendant’s original guilty plea, on proper motion the evidence will be:

Plaintiff ordered plumbing supplies from Defendant’s company. When the supplies were not delivered, he sued. Defendant called Alpha, his bookkeeper, as a witness. Alpha testifies that she recorded the delivery in her book of accounts, that the book was accurately kept, and that her entries were properly made. Defendant then offers the book into evidence. The evidence is:

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. 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 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 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 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 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:

Defendant is charged with the assault of Victim. In its case in chief, the prosecution offers testimony that two months prior to the assault, Victim had testified against Defendant in an unrelated case. The testimony should be: