What objection should opposing counsel raise?

MAY 16, 2019

The following exchange occurs between a defense attorney and a doctor testifying as an expert witness for her client:

21. The following exchange occurs between a defense attorney and a doctor testifying as an expert witness for her client: “Q: In your opinion and based on your experience, does the computer over-read or under-read EKGs? A: Over-read. Q: And that’s the way it should be, isn’t that correct? A: Yes. Q: And that is because all doubt must be resolved in favor of the patient, isn’t that right? A: Yes.” What objection should opposing counsel raise?

a. Hearsay

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b. Privilege

c. Leading questions

d. Best Evidence Rule

22.Article III, § 2 of the United States Constitution provides that an action can be considered by a Court if it is:

a. A case

b. A controversy

c. Both of the above.

d. Neither of the above.

23. Courts use the following to weed out cases that have no justiciability except:

a. Ripeness.

b. Res ipsa loquitor.

c. Standing.

d. Res judicata.

e. All of the above.

24. Plaintiff brought suit against Defendant in state court, saying that Defendant had stolen an idea on which she had a patent. The court dismissed the case for lack of jurisdiction over patent law actions. One year later, before the statute of limitations had run out, Plaintiff again brought suit, but in federal court. Which of the following is a true statement?

a. The suit should be dismissed on the basis of the principle of res judicata.

b. The question is moot, so the federal court will refuse to hear it.

c. The federal court can hear the case only if the state court was in error.

d. The case is ripe for the federal court to hear.

25. Res Judicata means which of the following

a. The suit is barred because the parties are the same and have the same number of claims as before.

b. The suit is barred because the parties are the same and have identical claims as before.

c. both a and b.

d. neither a and c

26.Plaintiff challenged the constitutionality of the admissions policy of the University of Washington Law School, claiming that he was discriminating against on the basis of race, which violated the equal protection clause of the constitution. In the interim he was admitted pending final disposition of his ease. By the time the Supreme Court heard this case, plaintiff was in the final quarter of law school. If the court refuses to adjudicate the dispute, it will most likely be because of

a. the political question doctrine.

b. mootness.

c. ripeness.

d. standing.

e. the Act of State Doctrine.

27. In Federal Court, Qualified immunity applies to which, if any, of the following persons or situations:

a. A government official acting in his official capacity.

b. A government official acting in his individual capacity.

c. A political question.

d. Decisiveness.

e. None of the above.

28. In Georgia, the statute of limitation on personal injury is which of the following:

a. One year.

b. Two Years

c. Three Years

d. Five Years.

29. Which of the following conditions can toll the statute of limitations?

a. Ignorance.

b. Apathy

c. Laches

d. Stupidity

e. Insanity

30.Courts have totally abolished Sovereign Immunity in Georgia. Is this statement true or false?

a. True. b. False.

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