Can you pass the Bar Exam? Let's study together. Question 2:

[Believe_N_Me]

Question 2:

A man sued a railroad for personal injuries suffered when his car was struck by a train at an unguarded crossing. A major issue is whether the train sounded its whistle before arriving at the crossing. The railroad has offered the testimony of a resident who has lived near the crossing for 15 years. Although she was not present on the occasion in question, she will testify that, whenever she is home, the train always sounds its whistle before arriving at the crossing.

Is the resident’s testimony admissible?

(A) No, due to the resident’s lack of personal knowledge regarding the incident in question.

(B) No, because habit evidence is limited to the conduct of persons, not businesses.

(C) Yes, as evidence of a routine practice.

(D) Yes, as a summary of her present sense impressions.

[hmgROCK]

maybe it may or may not horn that day

 

[Believe_N_Me]

^^^

So which answer do you choose?