Crucial Exams

Multistate Bar Examination Practice Question

During a personal injury trial, a bystander testified that they saw the accident and said, "The driver looked like they were drunk given the way they were swerving and how they got out of the car." The attorney for the driver objects, claiming the testimony is improper. How should the court rule?

  • The testimony is admissible if the bystander has substantial training or experience in recognizing intoxication.

  • The testimony should be admitted if the observations of swerving and behavior are helpful to the jury and do not draw on specialized knowledge.

  • The court should admit the testimony because lay witnesses can share observations about behavior they personally observed.

  • The testimony should be excluded because determining whether the driver was intoxicated requires an expert witness to make such conclusions.

Multistate Bar Examination
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