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MMLU / A woman was sailing in a bay when she was struck by a motorboat. The woman, who…

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question

A woman was sailing in a bay when she was struck by a motorboat. The woman, who was seriously injured in the accident, sued the motorboat operator in a personal injury action. During the course of the lawsuit, an important question of consequence was the wind speed on the afternoon the woman was sailing. At trial, the woman calls an orthopedic surgeon to testi1'. The surgeon, who is an amateur boating enthusiast, testified that he was navigating his sailboat into the bay when the motorboat hit the woman. Furthermore, the surgeon testified that in the cockpit of his boat he maintains a sophisticated electronic weathering device that measures wind speed, temperature, and barometric pressure at periodic intervals. The woman then offers into evidence the computer printout from the surgeon's weathering device measuring the wind speed at the time of the accident. Upon objection by the motorboat operator, the printout is

choices

  1. admissible as past recollection recorded.
  2. admissible as the record of regularly conducted activity.
  3. inadmissible as hearsay not within any recognized exception.
  4. inadmissible, unless there is foundation testimony as to the accuracy and good working condition of the surgeon's electronic weathering device on the afternoon in question.

subject

professional_law

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