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MMLU-Pro / 1247 / Two cars were driving within the legal speed limit as they approached an…

Problem

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question

Two cars were driving within the legal speed limit as they approached an intersection. There are no traffic lights, stop signs, or warnings posted at this intersection. Both vehicles entered the intersection simultaneously and collided. In the accident, one of the drivers suffered a broken pelvis and internal injuries. Although the other driver's truck was slightly damaged, he did not suffer any physical injuries. Thereafter, the injured driver sued the city for negligence, claiming that the city failed to provide adequate warning at the intersection, which she contended was particularly dangerous and heavily traveled. At trial, the city attorney offers evidence that the intersection has been the same for 14 years, and no other accidents have occurred during that time. Upon objection by the injured driver's attorney, this evidence should be

category

law

options

  1. excluded, because it is improper negative evidence.
  2. admitted as relevant evidence of a fact of consequence to the action.
  3. admitted, as it is critical for the jury to understand the history of the intersection.
  4. excluded, because the dangers of unfair prejudice and confusion of the issues may tend to mislead the jury.
  5. admitted, but only if the city can prove that there have been no significant changes in traffic patterns in the last 14 years.
  6. excluded, because it can potentially bias the jury against the injured driver.
  7. excluded, because it is irrelevant to the current accident.
  8. admitted, as it shows the city's negligence in maintaining the intersection.
  9. excluded, as it is not directly related to the case at hand.
  10. admitted, provided that the jury is instructed about the danger of inferential negative evidence.

src

ori_mmlu-professional_law

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