sampleAanswer-2008

sampleAanswer-2008 - Sample but actual"A 2008 exam answer...

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Sample but actual "A" 2008 exam answer p. 1 of 5 Grading ID: XXXXXXXXX Course: Evidence B Professor: Tillers, Peter Exam Date: 12/18/2008 1. Sustained. The defense introduced character evidence under the exception for defendant's character. In response, the prosecution can ask questions about specific instances on cross-examination only. In addition, the prosecution can introduce its own witnesses to testify to opinion and reputation evidence. However, the prosecution cannot introduce extrinsic evidence regarding specific instances. The question that the prosecution is asking Observant Observer is trying to bring in is extrinsic evidence about defendant which is not allowed. 2. Sustained. This is character evidence because the prosecutor is trying to show that defendant has a propensity to steal to persuade the jury that he may have stolen on a particular occasion. The prosecutor is trying to introduce a wrong or act under the 404(b) exception however this act does not fall within the rule because the two events are not substantially similar and the act does not tend to show anything about defendant. The fact that defendant broke into a charitable food pantry is not similar enough to serve as an identification. The prosecution may also try to argue motive but the again the connection is not strong enough. 3. Denied. Defendant's objection was not timely. Here the lack of timeliness is especially clear because the judge paused and ask defendant if he had anything to say. 4. Overruled. This is character evidence because the defendant is trying to introduce evidence of the victim's propensity to act violently to persuade the jury that she may have acted violently on a particular occasion. The defendant is allowed to do this under the exception for the victim's reputation. However, once defendant offers evidence that victim had the reputation of being violent, the door is opened for the prosecution to offer put on evidence that defendant has a reputation for being violent as well.
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Sample but actual "A" 2008 exam answer p. 2 of 5 5. Constitutional. The trial court's right to exclude evidence is limited by defendant's due process right. However, the trial court can still exclude methods where they do not meet the standards and therefore their exclusion is not violate defendant's due process rights. The exclusion of the lie detector test is probably okay because it was determined that the scientific method is not reliable. I also assume that there has been no change in its ability to meet the other Daubert
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This note was uploaded on 01/31/2010 for the course LAW 7330 taught by Professor Lushing during the Fall '05 term at Yeshiva.

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sampleAanswer-2008 - Sample but actual"A 2008 exam answer...

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