1. You have three (3) hours to complete this exam.

2. This exam is closed book; no materials are allowed.

3. There are two parts to this exam. Part I is to be answered on a ParScore form. Part II is to be answered in blue books (or typed).

Part I: Consists of 40 multiple choice questions. Each question is worth 2 points: 80 possible points total. Correct multiple choice answers are to be marked on the separate “ParSCORE TEST FORM” using pen or pencil and following the instructions on that form. If you change your answer, place a clear X through the wrong answer and mark the correct answer. A machine will score the exam and any ambiguities will be counted as a wrong answer.

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.

1. Part II: Consists of one essay question, which is worth 40 points. Please answer these questions in the blue books provided to you. Write only on the right hand side of the page (skipping a page each time) and double-space your work. Please write legibly.

Special Instructions 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.

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

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

6. At the conclusion of the exam, return all test materials, including blue books, ParScore answer sheet, scratch paper, and this exam packet to the envelope and submit it to the proctor. DO NOT seal the envelope. Students who do not return all exam materials at the end of the exam may not be graded.

GOOD LUCK!

PART II – ESSAY

Steven is a student at the Philistine Academy, a private grade school in San Francisco. After school let out on October 10, 2003, he and several other students were waiting in front of the school to be picked up by their parents. A school bus that had just picked up a different group of students pulled away from the curb and struck Steven. He was badly injured. Steven’s parents have sued the Philistine Academy, alleging negligence on the part of the bus driver. It is their contention that the driver was not looking forward at the time of the accident and was accelerating too quickly because she was late. Among the witnesses called by the plaintiffs was Steven, who told his version of what happened. The Academy denies the above allegations and alleges that Steven was playing tag* with several other friends and darted out in front of the school bus, causing the accident.

Below is a partial transcript of the testimony of Mary (a fellow student in Steven’s class) who is one of the witnesses called by the defense. At each of the five numbered points in the transcript, indicate what objection or objections, if any, should have been made and how the court should have ruled on the objections. Discuss your reasons.

…………….

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*For those who do not know or remember, “tag” is a children’s game in which the player who is “it” chases and tries to catch a player who is not it.

[At this point Mary described hearing the accident. She did not see it because she was looking in the other direction.]

END OF EXAM