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Article #13Evidence study questions
From: Kevin Frederick Horch
Date: Thu, 07 Apr 1994 08:03
Date: Thu, 07 Apr 1994 08:03
38 lines
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2851 bytes
Apologies if this is not appropriate for this newsgroup. Please put this thread in your kill file if you don't want to read about law school Evidence study problems. I'm a 2L at Boalt Hall and am preparing for my final in Evidence. Our professor has recommended two study questions from An Analytic Approach to Evidence by Allen & Kuhns. I'd like to create a sort of virtual study group here on the Internet by posting these questions and then discussing the answers. The first one is problem 8 on p. 248 of the text: D is charged with possession and sale of narcotics. As part of her defense she offers to testify that she has never been arrested or convicted for anything more serious than a minor traffic violation. Should the prosecutor's objection to this testimony be sustained? The second question is problem 2, p. 381: A has sued C for injuries received in an automobile accident. F, a passenger in A's car, testified on direct examination that C caused the accident by turning without warning into the traffic lane occupied by A's vehicle. On cross-examination, F specifically denied telling an insurance investigator for F's insurance company that A had been speeding at the time of the accident. Later in the trial the insurance investigator testified that F had told him that A had been speeding. During the cross-examination of the insurance investigator, A's attorney has the investigator authenticate the report of the interview that the agent prepared and F signed. The report contains the following: "We were in a hurry to get to an appointment, but I knew we would be late. The traffic was so bad that we just couldn't move very quickly. And then C's car cut right in front of us." A's attorney now offers the report into evidence. Should it be admitted? I'll post my answers to these questions on Friday. I hope we get a useful discussion going! Fred
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X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: 100c78,115348fc0eb53828,start X-Google-Attributes: gid100c78,public X-Google-Thread: 1038e3,115348fc0eb53828,start X-Google-Attributes: gid1038e3,public X-Google-Thread: 11eee3,115348fc0eb53828,start X-Google-Attributes: gid11eee3,public X-Google-ArrivalTime: 1994-04-07 19:38:15 PST Path: arc1-ca.pugleaf.net!bga.com!news.sprintlink.net!uunet!yeshua.marcam.com!usc!howland.reston.ans.net!agate!uclink.berkeley.edu!fred From: fred@uclink.berkeley.edu (Kevin Frederick Horch) Newsgroups: ucb.boalt,bit.listserv.lawsch-l,misc.legal Subject: Evidence study questions Date: 7 Apr 1994 08:03:41 GMT Organization: University of California, Berkeley Lines: 38 Distribution: usa Message-ID: <2o0eot$c4g@agate.berkeley.edu> NNTP-Posting-Host: uclink.berkeley.edu Summary: Law school Evidence study questions Keywords: Evidence exam questions law school