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California Bar Exam Questions

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Winter 2017 Bar Question 3

Evidence (FRE)

  Question
 

Pete sued Donna’s Pizza in federal court.

At trial, in his case-in-chief, Pete testified that, as he was driving his car one day, he entered an intersection with the green light in his favor. He further testified that when he entered the intersection, Erin, an employee of Donna’s Pizza, was driving a company van, ran a red light, and collided with his car. He sustained serious injuries as a result and was taken to the hospital.

Pete then called Nellie, a nurse, who testified that she treated Pete when he was at the hospital. Nellie testified that Pete told her that, during the collision, his head struck the windshield and that he was still in a great deal of pain. Nellie, pursuant to standard hospital procedure, recorded the information on a hospital intake form. Pete moved the hospital intake form into evidence and rested.

During Donna’s Pizza’s case-in-chief, Erin testified that she had the green light and that it was Pete who ran the red light. Donna, the owner of Donna’s Pizza, then testified that Donna’s Pizza was not responsible for the accident. On cross- examination, Donna was asked whether she had ever offered to pay for any of Pete’s medical expenses, and she denied she had. Donna’s Pizza rested.

In rebuttal, Pete testified that, at the accident scene, Erin told him, “I was in a hurry to make a pizza delivery and that is why I ran the red light.” Pete also testified that Donna visited him in the hospital and told him that Donna’s Pizza would take care of all of his medical expenses. Pete testified that Donna’s Pizza, however, never paid for any of his medical expenses.

Assume all appropriate objections and motions to strike were timely made. Did the court properly admit:

  1. The hospital intake form? Discuss.

  2. Pete’s testimony about Erin’s statements at the accident scene? Discuss.

  3. Pete’s testimony about Donna’s statements at the hospital? Discuss.

Answer according to the Federal Rules of Evidence.

 

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Analysis

Evidence (FRE)
Question 1, Winter 2017

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