0707
I can’t. The manager's opinion seems unobjectionable. He says "always," so it sounds like a business custom, and Rule 406 makes clear that raw opinions without any corroboration are admissible.
Questions? Email tanford@indiana.edu and refer to 0707.
Look at part three of problem 7C. Can you think of an objection to any of the three scenarios:
a) Ashley testifies to Jane’s reputation for always being a bad driver.
b) Ashley gives her opinion that Jane is always a bad driver.
c) Ashley testifies that on every one of three occasions, Ashley was texting.
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