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MMLU / A nephew brings an action against the administrator of his uncle's estate based…

Problem

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question

A nephew brings an action against the administrator of his uncle's estate based upon a contract for services rendered in the management of his uncle's property. In order to rebut the presumption that the services rendered were gratuitous, since the nephew was a relative of his uncle, the nephew called his sister-in-law as a witness. Assume that this jurisdiction has a relevant Dead Man's Statute in effect. The sister-in-law testified that she had lived in the nephew's house, knew his uncle, and that she was familiar with the uncle's handwriting. The nephew's attorney asked her to look at a letter and to tell the court whether it was written by the uncle. Upon objection by the attorney for the administrator of the estate, the trial judge would most likely

choices

  1. sustain the objection, because the sister-in-law is not a handwriting expert.
  2. sustain the objection, because of the Dead Man's Statute.
  3. overrule the objection, because the letter qualifies as a past recollection recorded, an exception to the hearsay rule.
  4. overrule the objection, because an authenticating witness need not be an expert if familiar with the handwriting of the person in question.

subject

professional_law

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Source and history

task_id
093529b8-95f0-592e-891a-896f0a73e566
task_key
all--test--093529b8-95f0-592e-891a-896f0a73e566
task_revision_id
1
config / split
all / test

Official source

initial import