Multistate Bar Examination Practice Question

In a negligence case, a witness states that the defendant appeared "agitated and kept shifting uncomfortably" during the event. The defense argues that this statement is an improper lay opinion. What should the court decide regarding the admissibility of the witness's statement?

  • Allow the testimony because it reflects the witness's perception of the defendant's behavior.

  • Disallow the testimony because it unduly influences the jury against the defendant.

  • Allow the testimony if the witness has experience in interpreting behavior.

  • Disallow the testimony because interpreting agitation requires specialized expertise.

Multistate Bar Examination
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