Instructions

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

2. This is a closed book exam. You may only use the Federal Rules of Evidence that has been provided for you- please note the pages are double sided. You may also reference common law principles and legislative history (including advisory committee notes) as appropriate.

3. This exam consists of two parts: Part I is Multiple Choice (17 questions) and Part II is Essay / Short Answer. The approximate weight for each section is listed below. The multiple choice questions and Essay subparts are not individually weighted.

Part I (Multiple Choice) 40% (72 minutes)
Part II Question A 20% (36 minutes)
Question B 20% (36 minutes)
Question C 20% (36 minutes)

4. PLEASE NOTE: the time reference is for your convenience only - you must individually determine the time you spend on each question - I have simply translated the weight of the question into minutes for your reference.

5. Using a #2 pencil, answer the multiple choice questions on the Parscore answer sheet provided to you. You may choose to qualify or explain an answer in the bluebooks. You are not required to do so and I would caution you not to use unnecessary time on written comments for multiple choice questions. Darken the letter corresponding to the correct answer on the Parscore answer sheet.

6. Please CLEARLY identify the question to which you are responding and start each essay question at the top of a new page (you do not need to use a separate book for each question). Use only ONE side of the page.

7. Develop your answers as much as possible in the time provided. If additional facts would affect your answer, explain. I advise you not to use your time re-writing the general rule in your answer books. Instead, your discussion should directly respond to the question presented by identifying the relevant facts and legal issues and articulating how the law applies to your specific problem. If a question appears unclear, note how this affects your answer, but do not skip the problem.

8. Write your exam number on your exam envelope, at the top of this question packet, all used blue books, your Parscore answer sheet and any used exam materials. Do not use your name, student ID number or Social Security Number on any exam materials. Please put your exam number on each bluebook and identify bluebook according to progression (i.e., # 150, book 1 of 3).

9. At the conclusion of the exam, return all exam materials to the exam envelope and submit it to the proctor. If all exam materials are not included, your exam may not be graded. Do not seal the envelope.

Good Luck!

 QUESTION C

Your client is a lawyer - Michael Sims - and is charged with subornation of perjury. The prosecution alleges that he caused a witness, Jake a motel operator, to draw up a fake a motel registration card and to testify in court that the record was a true and accurate account of a customer’s stay. If the card were accurate, it would have established an alibi for Sims’ client in a robbery prosecution. Sims admits to calling the motel operator as a witness but denies he knew the card was falsified. Knowledge that the testimony was false is an essential element of subornation of perjury.

The prosecution wants to call a former client of Sims, Lucy, to testify at trial. Lucy will testify that in a different case your client offered to provide her with an “airtight” alibi in a criminal case in which he represented her. She will state Sims told her that he was friendly with a motel owner in another city and that the owner would testify that she was at the motel at the time of the crime and would provide a registration card to that effect. Lucy did not accept Sims’ offer because she was afraid it would not work.

Assume that Sims has not testified and that the prosecution offers Lucy’s testimony.

Will you object? If so, please explain on what grounds? If you were the judge, what would be your ruling and why?

End of Exam