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#T3BE 215 - Full Question Text for Patrons (Patreon)

Published:
2021-02-19 04:30:01
Imported:
2022-10

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Anonymous

Thomas did a good job eliminating A and D. However, the answer is C. FRE 406 says evidence of an organizations routine practice is admissible. I was hoping to see some porkage. Thomas will get back on the horse.

Anonymous

I am a train conductor, not a lawyer. This question triggers me in all the ways. Conductors do not run trains. Engineers do. Conductors are responsible for the cars and contents (including passengers). The engineer runs the engine. It is the responsibility of all crew members to make sure the rules are being followed. That includes making sure the horn and/or bell are being used for a minimum of 20 seconds before occupying the crossing. If there is any indication the crew members failed to follow the rules the company washes their hands and hangs the crew out to dry. We get sued, not the company. For this reason, railroads have had 'black boxes' on engines for decades and cameras for at least the last 15 years and now the whole system is referred to as 'wytronics' which can upload immediately via cell to the servers. Everything the engineer does on the control stand is recorded. That means this question has to be 30 years old. Next, what is meant by an 'unguarded' crossing? Obviously no automatic warning devices or crew on the ground stopping traffic. But is it a public crossing with crossbucks or an unmarked private crossing? All rails are on railroad property. Private means railroad private property. You cross there and you take your life into your own hands. We don't blow horns or ring bells for private crossings so this must be regarding a marked public crossing with crossbucks. There are no recordings so a crossbuck crossing 30 years ago. In which case, the rulebook and the whistle posts that tell us when to start blowing the horn are evidence of routine practice and the witness testimony substantiates that. The crossing had crossbucks which indicate to the driver to be aware of trains regardless of hearing the horn. MY guess, as not a lawyer is the testimony is admissible, 30 to 40 years ago, when there was no other way to determine what actually happened. Now, be careful at RR xings, please! This is my yesterday 60 seconds after we had just cleared a xing and the train we met arrived at it. Everybody was ok. https://www.youtube.com/watch?v=Kjjfp5isiBE

Anonymous
>>54063993

Please write to the ABA and let them know the train questions on the bar exam are not factually accurate