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LEC法律英语证书考试真题分享(01.14)

2022-1-14 9:44:42 admin 88

上期答案:BDAB


81. A cyclist sued a defendant corporation for injuries sustained when she was hit by a
truck owned by the defendant and driven by its employee, who was making deliveries for the
defendant. The day after the accident, the employee visited the cyclist in the hospital and said,
'I'm sorry for what I did.' At trial, the employee testified that he had exercised due care.

Why is the cyclist’s testimony relating what the defendant's employee said at the hospital
admissible to prove negligence?

A. It is a prior inconsistent statement.

B. It is a statement against interest.

C. It is a statement by a party-opponent's agent.

D. It is a statement of then-existing state of mind.

82. A defendant is on trial for bank robbery. Evidence at the trial has included testimony
by a bank teller who was present during the robbery. The teller testified for the prosecution
after having refreshed her memory by looking at an FBI agent’s investigative report that was
created shortly after the robbery. The defendant has asked to examine the report.

How should the court respond?

A. The court may allow the examination if the report was used by the teller to refresh
her memory before testifying, and must allow it if she used it during her testimony.

B. The court must allow the examination, but only to the extent that the report contains
the teller's own statement to the FBI agent.

C. The court should not allow the examination, unless the report was used by the teller
to refresh her memory while on the witness stand.

D. The court should not allow the examination, because the report was not shown to
have been read and approved by the teller while the matter was fresh in her mind.

83. A patient sued a hospital for medical negligence, claiming that a nurse employed by
the hospital failed to administer critical medication prescribed by the patient's treating
physician during the plaintiffs hospitalization. To prove the nurse’s failure to administer the
prescribed medication, the patient called the medical records librarian, who authenticated the
hospitals record of the patient’s treatment, which contained no entry showing that the
medication in question had been administered.

Is the hospital record admissible?

       A. No, because it is hearsay not within any exception.

       B. No, because the nurse's testimony would be the best evidence of her actions in

treating the plaintiff.

C. Yes, although hearsay, because it is a statement against interest by agents of the
hospital.

D. Yes, because it is within the hearsay exception covering the absence of entries in
business records.

84. A college student sued an amusement company for injuries he sustained when the
amusement company’s roller coaster allegedly malfunctioned so that the student fell out. At
trial, after the student presented his case; the amusement company called a witness who
testified that just before the accident he heard a bystander say to the bystander's companion,
'That crazy fool is standing up in the car.' 

The student then offered the testimony of another witness who would testify that the day
after the accident she was with the same bystander, and that in describing the accident, the
bystander told her that the car jerked suddenly and 'just threw the guy out of his seat.'

How should the court rule with respect to this offered testimony?

       A. Rule it admissible only to impeach the bystander's credibility.

B. Rule it admissible to impeach the bystander's credibility and to prove the amusement
company's negligence.

C. Rule it inadmissible, because the bystander was given no opportunity to deny or
explain her apparently inconsistent statement.

       D. Rule it inadmissible, because the bystander herself was not called as a witness.


答案见下期发布。


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