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MMLU / A husband is charged with the murder of his wife. The prosecution alleges that…

Problem

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question

A husband is charged with the murder of his wife. The prosecution alleges that on December 17, the husband murdered his wife by giving her a massive injection of succinyicholine while she was asleep. Succinylcholine is a drug used in small quantities by anesthesiologists as a muscle relaxant. The prosecution claims that the fatal dose given to the wife so totally relaxed her lung muscles that she suffocated. Further allegations claim that the husband's principal motive was to collect his wife's $500,000 life insurance policy under which he was the named beneficiary. The defense called the physician who signed the wife's death certificate as its first witness. The defendant's attorney asked her, "Is it not true that the cause of death was a heart attack?" The physician answered in the negative and stated that the cause of death was unknown. The husband's attorney then assailed her testimony as a recent fabrication and asked her if she had not stated at the coroner's inquest that the cause of death was a heart attack. The prosecution immediately objected to this question. The trial judge should rule that this question is

choices

  1. objectionable, because a party may not impeach its own witness.
  2. objectionable, because the husband's attorney did not lay a proper foundation.
  3. unobjectionable, because a party may impeach its own witness by a prior inconsistent statement.
  4. unobjectionable, because the physician's testimony at a proceeding that occurred shortly after the death would be more reliable.

subject

professional_law

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Source and history

task_id
cf35c22e-1ec9-56a3-b38d-ddb9a626427e
task_key
all--test--cf35c22e-1ec9-56a3-b38d-ddb9a626427e
task_revision_id
1
config / split
all / test

Official source

initial import