Evidence: A Structured Approach - Leonard and Gold - Chapter 1 Questions in Word Format

Evidence: A Structured Approach - Leonard and Gold - Chapter 1 Questions in Word Format

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CHAPTER 1 _________________________________ The Process of Proof B. APPELLATE REVIEW OF EVIDENTIARY ISSUES Questions for Classroom Discussion [p. 24] 1. Action for personal injuries suffered in an automobile accident. Plaintiff’s attorney asks a witness, “What did Plaintiff tell the police when they arrived at the scene?” Defendant’s counsel loudly states, “Objection!” The court overrules the objection. The witness then answers, “Plaintiff said Defendant ran the red light.” Assume the testimony was inadmissible hearsay. On appeal Defendant’s counsel argues that admission of the testimony over her objection was error. How should the appellate court rule? 2. Same case. Plaintiff’s attorney asks the witness, “What did Plaintiff tell the police when they arrived at the scene?” Defendant’s counsel states, “Objection, hearsay!” The court sustains the objection. Plaintiff’s counsel then asks, “OK, then what did Plaintiff tell the paramedics when they arrived?” Defendant’s counsel states, “Objection!” The court overrules the objection and allows the witness to answer. The witness testifies, “Plaintiff said Defendant ran the red light.” Assume the testimony was inadmissible hearsay. On appeal Defendant’s counsel argues that admission of the testimony over her objection was error. How should the appellate court rule? 3. Same case. Plaintiff’s attorney asks the witness, “Did Defendant run the red light?” The witness quickly answers, “I didn’t see what happened, but I heard Plaintiff tell the police that Defendant ran the red light.” What should Defendant’s now counsel do now? Is it too late? 4. Same case. Plaintiff’s attorney calls the plaintiff to testify and asks, “Who had the red light?” Before Plaintiff can answer, Defendant’s counsel objects on the ground of hearsay and the court sustains the objection. Plaintiff’s counsel has no evidence other than Plaintiff’s testimony to prove who had the red light, which is the crucial issue in the case. Assuming the trial court was wrong to sustain the objection, what must Plaintiff’s counsel do to preserve the issue for appeal? 5. Prosecution for murder. A rule (studied in Chapter 4) forbids the prosecution in a murder case from presenting evidence during its case-in-chief of Defendant’s 1
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character for violent behavior. If Defendant objects to such evidence, and the trial court overrules the objection, is the court’s decision subject to “abuse of discretion” review on appeal? 6. Same case. The prosecution offers evidence during its case-in-chief of Defendant’s character for violent behavior. Defense counsel does not object, the evidence is admitted, and Defendant is convicted. Assuming the evidence was inadmissible under the rules, what must Defendant’s counsel argue on appeal in response to the claim that the failure to object at trial means the error cannot be considered on appeal? 7.
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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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Evidence: A Structured Approach - Leonard and Gold - Chapter 1 Questions in Word Format

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