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MMLU / A shopper sued a supermarket for injuries allegedly suffered from a collision…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A shopper sued a supermarket for injuries allegedly suffered from a collision with the store's automatic doors. The shopper contended that the doors, which were programmed to swing inward, swung outward and injured him as he attempted to enter the store one afternoon. The shopper's brother-in- law, who was an eyewitness to the accident, was not called to testify at trial. Moreover, the shopper's attorney failed to depose the brother-in-law, who redomiciled out of state shortly after the accident. With respect to the shopper's failure to offer the brother-in-law's testimony at trial, on request by the supermarket's attorney, the court should

choices

  1. instruct the jury that it raises the presumption that the brother-in-law's testimony would have been unfavorable to the shopper.
  2. instruct the jury that it constitutes an adoptive admission that the brother-in-law's testimony would have been unfavorable to the shopper.
  3. permit the supermarket's attorney to argue that it raises a presumption that the brother-in-law's testimony would have been unfavorable to the shopper.
  4. neither instruct the jury on the matter nor permit the supermarket's attorney to argue the matter.

subject

professional_law

Discussion

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Source and history

task_id
2255b292-52a5-50c4-85b6-c4bc608b5d24
task_key
all--test--2255b292-52a5-50c4-85b6-c4bc608b5d24
task_revision_id
1
config / split
all / test

Official source

initial import