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MMLU / A plaintiff sued a defendant for injuries that the plaintiff suffered when he…

Problem

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question

A plaintiff sued a defendant for injuries that the plaintiff suffered when he was struck by the defendant's car. At trial, the plaintiff testified that he was walking across the street inside a crosswalk at the time the defendant's car hit him. This action takes place in a jurisdiction that has a statute in effect requiring all motorists to stop and permit pedestrians to cross streets at designated crosswalks. The defendant contended that the plaintiff ran into the street outside the crosswalk. Furthermore, the defendant testified that he immediately applied his brakes when he saw the plaintiff dart into the street, but couldn't stop his car in time to avoid hitting him. In support of the defendant's testimony, the defendant calls a neighbor to testify that she has observed the plaintiff frequently during the years that she has lived on that street, and that the plaintiff "always crosses the street outside the crosswalk. "The neighbor's testimony is likely to be

choices

  1. admitted, because it tends to show that the plaintiff was careless.
  2. admitted, because it is probative of the plaintiff's habit of crossing the street outside the crosswalk.
  3. excluded, because the neighbor was not an eyewitness to the accident.
  4. excluded, because her testimony is impermissible evidence of character to show defendant's plaintiff's conduct on a particular occasion.

subject

professional_law

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Source and history

task_id
fc0436cf-6655-5a1c-b789-c4e6a51283d7
task_key
all--test--fc0436cf-6655-5a1c-b789-c4e6a51283d7
task_revision_id
1
config / split
all / test

Official source

initial import