EVIDENCE

 

FALL 1999
Peter Keane


GENERAL INSTRUCTIONS FOR EVIDENCE EXAM

The total time for this exam is 3 hours. There are three parts to the EXAM.

 


Part I is 25 Multiple Choice Questions with specific instructions as to the mechanics: of answering given at the beginning.. The time for Part I is one hour. (60 minutes).

Part II consists of two (2) Essay Questions. The time for Part II is 2 hours (120 minutes). You should plan to spend 1 hour (60 minutes) on each question.

This is an open book exam. Any materials you wish to have with you, you may bring to the classroom


Part I of this exam contains 25 Multiple Choice Questions. The time

For this part of the exam is one hour

There is a separate answer sheet for these questions titled "Multiple Choice Answer Sheet." You are to record your answers on that sheet. You are to mark the answer which you identify as that which is. most correct.
If you complete the Multiple Choice Questions before the allotted one hour, you are free to go on to the Essay Questions of Parts II and III. When one hour is up, all students must place the Multiple Choice Questions and the Answer Sheet in their exam envelopes and not refer to them

 

 

PART II

QUESTION 1


 Susie and Rhoda, both brunettes, are on trial for the conspiracy of attempting to ship raw uranium capable of making a nuclear bomb to a hostile foreign country. The prosecution offers an FBI report stating that raw uranium was intercepted in New York on a flight from San Francisco to Tajikistan. The prosecution also presents a document from the Department of Commerce entitled "Application to Export Bagels" which is signed "Suzie" and "'Rhoda." Customs Agent Fred testifies he received an e-mail from an agent at San Francisco Airport which said: "There is a redhead and a blond here with a big box of bagels to someplace I never heard of."

The prosecution then offers a color photo of Susie and Rhoda in bathing suits on a beach. In the photo, Susie is blond and Rhoda is redhaired. The prosecutor also offers the Grand Jury transcript of Dave who testified ""Susie tells me she will get her friend Rhoda to help her do something for those nice Tajiks." The prosecutor asks the Court to take judicial notice that relations are strained between the United States and Tajikistan, and offers a copy of a New York Titres' story on page 3 captioned "Relations Strained Between U.S. & Tajikistan."

Rhoda testifies and says she is innocent. On cross-examination, Rhoda is asked if she was convicted for illegal possession of bomb-making materials 9 years ago. Rhoda calls her mother who testifies that in her opinion. Rhoda always tells the truth. Rhoda's mother is asked on crossexamination: "Have you heard that Rhoda secretly tears the wings off butterflies?"

Susie calls Tom, a local TV anchor who is asked: "Didn't you interview Reverend Jack who told you his brother-in-law Benny confessed that he smuggled the uranium and not Rhoda or Suzie?" Jack refuses to answer. Suzie also calls Abe who testifies that he has known Suzie for 30 years and that Suzie is absolutely terrified of the word "bagels."

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

 

 

 

PART II

Microsoft sues Gloria for copyright infringement, claiming Gloria appropriated and sells Microsoft's newest software. Gloria's defense is she has Bill Gates' permission. Gates testifies that he donates all the proceeds from Microsoft's profits on that software to research to find a cure for children's leukemia. On cross-examination, Gates is asked: "Didn't your mother tell you to share all your discoveries with others and let them use them without cost?" Microsoft calls the California State Income Tax Custodian of Records and asks her to turn over Gloria's tax return to prove the amounts Gloria made from the software sales. The custodian refuses.

Microsoft then calls Gloria's husband Milton, who claims he saw a xeroxed copy of a joint tax return in the trash can as he carried it out. Milton says the names on the return were obliterated but he remembers seeing an item that said "software income - $50,000,000." Milton says Gloria's mother grabbed the paper from his hands and yelled, "Gloria doesn't want you knowing her business." Milton is asked on crossexamination: "Didn't you tell your yoga teacher that you never take out the garbage?" Milton denies saying this.

Gloria testifies that Gates hates her because she knows all of Gates' sexual history which she then relates, naming all of his partners and describing graphic, explicit details of every relationship. She says the reason Gates consented to let her use the software was to buy her silence about his sexual history.

Gloria then calls Dr. Dre, the physician for the janitor in Gloria's and Milton's building; who testifies that he treated the janitor for cardiac arrest, and the janitor's last words just before he died were ""carrying out that big damn garbage can of Milton's did me in. The lazy bum never would do it himself."

The yoga teacher then testifies Milton told her that he (Milton) never carried out garbage cans.


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