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

2. This is a closed book exam. No outside materials are allowed.

3. The exam consists of 3 essay questions. Each question is worth 1/3 of the total grade. I suggest you devote at least one hour and no more to each question, but you are free to apportion your time as you like.

4. 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.

5. Write your exam number on your exam envelope. Put your student exam # at the top of this page, each page of questions, and each blue book. 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 exam materials to the exam 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!

QUESTION 1

Fred sues Luci in a civil suit for battery claiming that she hired Victor to beat up Fred in retaliation for Fred’s firing Luci from her job at Fred’s company. Luci was fired Jan.1. Fred was badly beaten on the night of Jan. 17.

Fred offers this evidence:

1. Testimony of Luci’s Bank Manager that he reviewed her account records for Jan. 14 which showed Luci withdrew $5,000 in hundred dollar bills. Other evidence shows Victor was arrested on Jan 19 and had $3,100 in hundred dollar bills.
2. Testimony of Victor’s roommate that on Jan. 15 Victor told him, “I have a job to do for Luci that she wants kept quiet.”

3. Testimony by Luci’s bartender that at the end of the previous November, Luci asked him if he knew “anyone who was good with their fists.” He referred her to Victor

4. Testimony by the Police officer who arrested Victor that Victor said, “If I didn’t do that job on Fred for Luci she would have killed me.

5. Testimony by another police officer that a homeless person had picked Victor out of a lineup as the man he saw beat Fred up. The homeless person is in court, but is hallucinating so wildly from drug use that the judge won’t allow him to testify.

6. Testimony by Victor’s co-worker that on Oct. 16, Victor said to him, “ I can’t find that baseball bat that I beat those three old ladies with, for Luci, last Christmas. I need it again.”

Discuss all issues raised by these facts. State how these issues should be resolved and why.

QUESTION 2

Gabriel sues the city for negligence and injuries. He claims he lost control of his car when low hanging trolley electrical lines swung down on his windshield and arced electrical sparks. The city claims he crashed his car due to his own faulty driving.

Gabriel presents this evidence:

1. Testimony of Prof Hamilton, head of the physics department at a local college. Hamilton says he never went beyond high school and is entirely self taught in science. He has published over 100 scientific articles.

Hamilton testifies:

2. He examined marks on Gabriel’s windshield and determined they were burned there by high voltage electricity.

3. His conclusion from examining the records of the city’s electrical usage, based upon a municipal electrical usage calculation equation which he developed, and which he has been told is accurate by seven scientists in Europe, including 2 Noble Laureates, that there had been an abnormal power surge in the district where Gabriel’s car crash, during the day of the crash.

4. Testimony of a work crew boss for the City Power Co. that the power lines for a 10 square block area, which include the site of Gabriel’s crash, were all raised several feet the week after the crash.

The City’s evidence is:

1. Testimony of Zachary that he saw Gabriel walking earlier that day and that Gabriel looked “stoned or drunk.”

2. Testimony by Gabriel’s lawyer’s receptionist that she eavesdropped and overheard Gabriel tell the lawyer: “This is the best phony claim I ever made. Tell them in the settlement conference we will take 50 grand.”

3. On cross- examination of the receptionist, she is asked, “Weren’t you convicted of misdemeanor embezzlement and misdemeanor assault?” she denies both these allegations. Gabriel’s lawyer then puts in evidence of those convictions.

Discuss all issues raised by these facts. State how these issues should be resolved and why

Question 3

Jennifer is prosecuted for infecting all of the computers in the Department of Defense with a virus. The virus causes a popup figure of Donald Rumsfeld, in Shirley Temple outfit and curls, to appear singing “On the good ship Lollipop.”

The prosecution’s evidence is:

1. Testimony by FBI agent that he seized hundreds of photographs of Shirley Temple and three photos of Donald Rumsfeld from Jennifer’s home.

2. Testimony of Washington D. C. police officer that he saw Jennifer picketing The Pentagon “Just about every day” for a year right after Sept 11 with a sign saying “The U.S. deserved it.”

3. Handwritten letters to Donald Rumsfeld accusing him of being a transvestite and signed “Jennifer.”

4. Testimony of 5 former employers of Jennifer who say that she put viruses into the computers of each of their firms.

In defense, Jennifer calls her psychotherapist who testifies that:

1. He has known and treated Jennifer for 30 years and that, in his opinion, she is an honest law abiding person.

On Cross-examination, the psychiatrist is asked:

2. “Didn’t you tell your pastor that you only treated Jennifer for a year.” The Doctor denies this.

3. “Have you heard that Jennifer had a love affair with Saddam Hussein?” The Doctor says, “No.”

4. “Weren’t you treating Jennifer for a pathological psychosis that made her want to harm public officials?” The Doctor refuses to answer.

Discuss all issues raise by these facts. State how these issues should be resolved and why.

END OF EXAM