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MMLU / An experienced equestrian rider sued a woman, claiming that her horse kicked and…

Problem

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question

An experienced equestrian rider sued a woman, claiming that her horse kicked and injured the rider. At trial, the rider testified that he was attending a horse show when, without provocation, he was kicked by a gray stallion with a black tail. The rider then called the woman as an adverse witness and asked her the following question: "Isn't it true that you are the owner and trainer of a gray stallion with a black tail?" After answering affirmatively, the woman was not asked any further questions on direct examination. Whereupon in cross- examination, the woman was then asked, "Isn't it true that your horse is very gentle and would not kick anyone unless provoked?"Upon objection by the rider's attorney, the rider's strongest argument would be that the woman's proffered testimony is

choices

  1. inadmissible as an improper form of impeachment.
  2. inadmissible as substantive evidence to show that the horse must have been provoked.
  3. inadmissible, because the horse's general propensity cannot be used to prove what occurred on a particular occasion.
  4. inadmissible as beyond the scope of the woman's direct testimony.

subject

professional_law

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Source and history

task_id
eda00019-1385-55c9-88c2-631face0fe89
task_key
all--test--eda00019-1385-55c9-88c2-631face0fe89
task_revision_id
1
config / split
all / test

Official source

initial import