Each question is worth two points. In order to show that D is innocent of the crime charged, D offers testimony that another individual, X, fled the jurisdiction immediately after the crime was committed and thereby effectively admitted his guilt. In order to rebut a contention that W testified favorably for the prosecution in return for leniency in an unrelated case, the prosecution offers a sworn statement made by W shortly after W entered into a plea agreement providing that the prosecution would recommend the minimum sentence. In the prosecution of D for arson, the prosecution offers the report of a fire marshal containing the results of the investigation concerning the origins of the fire and concluding that the fire was incendiary in origin. In a negligence action against a general contractor arising out of a construction accident, P testifies that a subcontractor said that the general contractor failed to take adequate safety precautions on the project.
P sues D for breach of contract.
P claims that he conveyed a residence to D in exchange for a promise by D that P could live rent-free in the residence. X does not testify. In order to rebut D s contention that W s testimony concerning an event at issue in the case was the product of failed recollection, P offers a statement made by W shortly after the event. In a negligence action arising out of an automobile accident, B, a bystander, testifies that immediately after the accident P accused D of crossing the center line and that D hung his head and said nothing in response. Circle the one correct answer for each question below on this exam sheet.