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I'm half-listening to the confirmation hearings (hooray for Perry Mason inspiring Sotomayor's legal philosophy!), and I have this sudden image:
Me, on the Senate Judicial Committee, many years from now, holding a confirmation hearing for Justice Sotomayor's replacement. I look down from the dais at the nominee and reminisce about studying for the bar while watching the Sotomayor confirmation hearings. With that in mind, I say, I have a question for you:
In a civil action tried to a jury, the defendant objects to the introduction by the plaintiff of certain evidence without the judge's first making a preliminary ruling on the admissibility of evidence.
For which evidence is the defendant's objection NOT appropriate?
A. Opinion testimony regarding structural integrity of a building by an engineer called by plaintiff, without preliminary determination by the judge that the engineer is an expert. B. Hospital records pertaining to the plaintiff, offered by the plaintiff, without a preliminary determination by the judge that they were made as a regular activity of the hospital staff. c. Contract negotiations between the plaintiff and a third party, without a preliminary determination by the judge that the third party was defendant's agent. D. A paramedic's testimony that the plaintiff's wife, before she died, said that the defendant's car went through a red light before hitting her, without a preliminary determination by the judge that she made the statement under a sense of impending death.
If the nominee doesn't answer C, they just lost my vote. :)
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