On the issue of whether anyone had recently crossed a snow-covered bridge, the testimony of a witness that he saw human footprints in the snow on the bridge would be direct evidence.

On the issue of whether anyone had recently crossed a snow-covered bridge, the testimony of a witness that he saw a man crossing would be circumstantial evidence.

Evidence that the defendant drove recklessly on a prior occasion is material because it speaks to the question of his negligence. However, it is not sufficiently probative of the issue of negligence on this particular occasion, and is therefore not relevant.

A court will take judicial notice that the ordinary period of human gestation is 280 days.

The court will accept without proof that June 6, 2016, was a Monday by reference to a calendar.

A plaintiff was injured in an automobile accident when her car was hit by a pickup truck driven by the defendant. At trial of her personal injury action, the plaintiff alleges that the defendant was driving on the wrong side of the road in excess of the posted speed limit. The defendant denies these allegations and denies liability for the accident. The plaintiff seeks to introduce evidence that the defendant has a reputation in the community for being a daredevil and for being somewhat irresponsible. In fact, the plaintiff’s witness would testify that the defendant is known by all his friends as “the Menace.” Is the proffered testimony admissible?

A woman was struck by a brick with her name scrawled on it that was thrown through her bedroom window. The victim believes that her ex-boyfriend, who is a gang member, threw the brick because she has become active in anti-gang groups, but she did not actually see him throw it. If the ex-boyfriend is arrested and put on trial for battery, which of the following items of the victim’s proposed testimony is LEAST likely to be admitted?

Alex is on trial for burglary. The house he allegedly broke into had been for sale, and the prosecutor’s theory is that a week before the burglary, Alex had shown up at the house as a potential buyer in order to learn the lay of the house and where it was vulnerable to break-ins. The defendant admits he came to look at the house as a potential buyer but claims he was nowhere near the house when it was burgled. Alex has two prior convictions. One is for a felony burglary that occurred six years ago, in which he broke into a house that was for sale after he posed as a buyer and walked through the house three days before the crime. The other conviction is a misdemeanor for filing a false police report two years ago. The prosecutor has certificates of convictions for each of these crimes.   Can she admit these certificates of conviction against Alex?

Betsy is suing her doctor, arguing that the doctor did not exercise the required level of care when he operated on her knee.  Her husband testifies in her case, describing the difficulty that Betsy had moving around in the weeks after the surgery.  At one point during his testimony, he testifies that “two months after the doctor performed the operation, Betsy could still not walk up the stairs of our home.”   The doctor’s attorney cross-examines the husband and asks him whether it is true that two months after the operation, he had dinner with a friend and he said: “Betsy is really recovering well after her surgery.  She can go up and down the stairs at our house with no problem.”   Can the doctor’s attorney ask her this question?

Wilbur is a defense witness in a criminal case. After Wilbur testified, defense rested and the plaintiff called Emma, who works with Wilbur in the same company. Emma testifies that she has known Wilbur for six years and worked with him on numerous projects. Emma testifies as follows: Plaintiff’s Attorney: What is your opinion of Wilbur’s honesty?Emma: I would never trust Wilbur. I think he lies whenever he sees a benefit to it. He is certainly the type of person who would lie on the stand if he saw something in it for him.Plaintiff’s Attorney: Can you tell me why you have this opinion?Emma: Sure. Well, there are a lot of reasons. The first time we worked together on a project, his part of the project was late, and so the entire project missed its deadline by a week. I learned a few months later that Wilbur had gone to our boss afterward and told him that the delay was my fault, even though my part of the project was on time. I was furious. Is Emma’s testimony admissible?