EVIDENCE
FINAL EXAMINATION
PROFESSOR CALHOUN
FALL 2002
Saturday, December 14

INSTRUCTIONS

1. This is a closed book exam. No materials are allowed.
2. You have three (3) hours to complete this exam.
3. There are two parts to this exam.

4. Special instructions for Part I: You are to answer all questions according to the Federal Rules of Evidence unless the question indicates otherwise or unless a question of evidentiary privilege is raised - in which latter case, you should apply the California Evidence Code, unless the question indicates otherwise.

5. Special nstructions for Part II: You are to base your answers on the Federal Rules. However, in those areas where there are significant differences in the Federal Rules and the California Code, you should contrast how each would apply. In the area of privilege, you should base your answers on the California Code - but again, you should note any material differences between California and Federal law.

6. Deal with all issues raised - even though you believe disposition of one is controlling.

7. Write your exam number on your exam envelope, all used blue books, at the top of this exam question packet, and on the ParSCORE answer sheet. Do not use your name, student ID number, or Social Security Number on any exam materials.

8. At the conclusion of the exam, return all test materials, including blue books, scratch paper, the ParSCORE answer sheet and this exam packet to the envelope and submit it to the proctor.


PART II - ESSAY

People v. Defendant

Dexter Defendant is being prosecuted for assault with a deadly weapon. The prosecutor produces evidence that Defendant shot his neighbor, Valentino Victim, with a shotgun. Victim was seriously injured but did not die. Defendant testified that he did not intend to shoot victim; that the gun went off accidentally while Defendant was showing it to Victim, who was interested in buying the gun. On rebuttal, the prosecution calls Defendant's wife, Dolores, who testifies, in part, as follows:

  Q. Where were you on Tuesday afternoon, two days before the shooting occurred?
  A. I was in bed in our house.
  Q. What happened?
[1] A. I was in bed with our neighbor, Valentino Victim, and my husband, Dexter, came home and found us in bed together.
  **********
  Q. The next day did Victim say anything to you?
[2] A. Yes, he told me my husband had threatened to kill him because of what happened.
  **********
  Q. Has your husband ever had trouble with a neighbor before?
[3] A. Yes, about two years ago he got into a fight with another of our neighbors and beat him up badly.
  **********
  Q. Is that the only trouble your husband has been in?
[4] A. Well, in 1995 he was convicted of misdemeanor shoplifting from Saks.
  **********
  Q. Did you have a conversation with your husband after the shooting?
[5] A. Yes, the day after the shooting he told me the gun did not go off by accident. He said he shot Valentino on purpose.
At each of the five indicated points, what objection or objections, if any, should have been made and how should the court have ruled on each objection. Discuss.

END OF EXAM