MBE Sample – Question 2 - Actual
Register for a free account in less than 30 seconds to save your responses, see sample lessons, and more!
MBE Sample - Question 2
A man sued a railroad for personal injuries suffered when his car was struck by a train at an unguarded crossing. A major issue is whether the train sounded its whistle before arriving at the crossing. The railroad has offered the testimony of a resident who has lived near the crossing for 15 years. Although she was not present on the occasion in question, she will testify that, whenever she is home, the train always sounds its whistle before arriving at the crossing.
Is the resident’s testimony admissible?
A
No, due to the resident’s lack of personal knowledge regarding the incident in question.
B
No, because habit evidence is limited to the conduct of persons, not businesses.
C
Yes, as evidence of a routine practice.
D
Yes, as a summary of her present sense impressions.
| Previous |
Next Evidence → |
Leave a Reply
You must be logged in to post a comment. You can get a free account here.