Next Generation Bar Exam Quiz
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In a civil case alleging that a customer stole merchandise, the store's clerk testifies that he cannot identify the customer. The store's attorney shows the clerk a surveillance photograph that the court has already ruled cannot be admitted because the store has not authenticated it. After looking at the photograph, the clerk says, 'Now I recognize him—it was the man in the leather jacket.' The customer's attorney objects and asks the court to strike the identification, arguing that the witness was influenced by evidence the jury will never see.
Which of the following is the most significant issue raised by the customer's objection?
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