Multistate Bar Examination Practice Question

A plaintiff sues a defendant for injuries sustained in a car accident. During the trial, the plaintiff's attorney seeks to introduce a photograph of the heavily damaged car involved in the accident. The defendant objects, arguing that the photograph will unfairly evoke sympathy from the jury. Which factor is the most relevant for the court to consider when deciding whether to admit the photograph?

  • Whether the plaintiff has other evidence to prove the severity of the accident without relying on the photograph.

  • Whether the photograph is relevant to proving a fact in dispute, such as the severity of the accident or the plaintiff's injuries.

  • Whether the photograph was taken by a third party unaffiliated with the plaintiff or defendant.

  • Whether the defendant was responsible for causing the damage shown in the photograph.

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