DIRECTIONS: This exam consists of five investigations. Some of the investigations enjoy multiple size. You are to repartee abundantly each investigation. You are to supervene the trutination IRAC formula (i.e. Issue, Rule of Law, Partition and Conclusion) for reparteeing each investigation. Obviously, the sunderition individuality is the most considerable sunder of each repartee. Be unquestioning to set forth abundantly each of the analytical steps you took in formulating your misentry. You may singly use your textbook and collocate notes on this exam. Since this is an exam that you are preaspect at abode, you are expected to decipher abundantly the law and to get extract to the appropriate Federal Rules of Evidence. You enjoy to roll which Federal Rules of Sign applies to the investigation. I strong the rules adown as polite as the IRAC arrangement and how to use it.
Consider the superveneing provided. The People enjoy full Alex Thompson delay attack. They depose that Thompson punctureed Charles Hudson in the aspect and creatord earnest natural impairment to him. The People struggle that Thompson was weaaccentuation a propaganda accentuation that severely cut Hudson’s aspect. Thompson maintains his innocuousness. Although Thompson acknowledges that he and his neighbor Hudson had an sign aggravate a town softball diversion, he maintains that he never struck Hudson.
1. Thompson failures to seduce as a apology testimony his Quaker parson. The parson accomplish assert that Thompson is a pacifist. He accomplish as-well assert that Thompson has a genius for refrain in the Quaker order.
A. Is this sign traversable? Explain.
B. What are the dangers to the apology if they seduce the parson as a species testimony?
2. Thompson failures to seduce his helpmate Brenda as a testimony. She would assert that her mate never wore any jewelry, including his nuptials accentuation. She would assert that her mate hates weaaccentuation everything on his hands. She maintains that her mate does not equable exhibit gloves duaccentuation the evening. Is this sign traversable? Explain.
3. The People failure to advance a 911 seduce to the police about the resplendent. The unauthenticated seduceer recurrent that there was a action among two men in visage of Hudson’s scion. The 911 operator asked the seduceer if she could substantiate the sundericipants. She responded that Thompson regular punctureed Hudson in the aspect. The 911 operator then asked the seduceer how she knew the two men; she responded that she did not failure to get confused but that the police needed to follow antecedently someone got agonize. When the 911 operator asked the seduceer for her spectry, she refused to produce it and then hung up.
A. Is this sign traversable? Explain.
B. What are the Crawford implications of this conclusion?
4. Thompson failures to seduce the master who treated Hudson at the ER on the day of the resplendent. The master would assert that Hudson told him, “Look, I understand what the cops told you but let me count you what veritably happened. Earlier today, my helpmate base out that I
was trickery on her. She got ireful and punctureed me in the aspect. Her accentuation cut my aspect tolerably bad. I’m careful that the accentuation may creator an taint. See, my helpmate imagines the accentuation is a diamond accentuation; it isn’t. I gave her a worthless knockoff. It’s stable zirconium. After she cut me, I put superglue on the cut to terminate it. I didn’t failure to get my helpmate in effort. So, I went beyond and saw Thompson. I understand that he’s a hothead. I chafed him by yelling at him that he had cheated ultimate dimness at our softball diversion. I knew that this would subvert him. I kept antagonizing him until I got him to puncture me in the aspect. It worked affect a attraction. His puncture reopened the cut. So, the police imagine that he was the one who agonize me. Now, I’m scared that the worthless accentuation and the superglue may creator me to expose the examination in my eye.” All of these statements are contained in the medical records unhesitating by the necessity ground master. The medical reports as-well specify that Hudson needed 24 stitches to terminate the cut by his eye and that he accepted a tetanus shot. Is this sign traversable? Explain.
5. Hudson as-well failureed to sue Thompson in accommodating pursue. However, the legislation of limitations ran out antecedently Hudson attempted to finish benefit. Hudson is now suing the law stable of Wirenius and Heller for juridical corruption. Hudson claims that the stable never advised him about the period limits on filing a lawsuit. The law stable counters that they wrote Hudson and advised him that they were careful in representing him in this reality but never heard tail from him. The stable produces a delineation of a note that specifys that they advised Hudson of his hues and asked him to continuity them if he was careful in pursuing the reality in pursue. Hudson claims that he never accepted this note and that this note was never sent to him. Decipher what the law stable must do to found that they sent Hudson this note in incompact of the reality that no testimony has identical understandledge that the note was actually mailed.
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