PART II - ESSAY

(One hour)

Edna, a psychiatrist, is charged with felonies for submitting false Medi-Cal claims to the state for payment.

At her trial the prosecution offers the following evidence:

(1) The testimony of Jake, Edna's receptionist, that Edna's husband told him, "Every night, Edna and I spend at least an hour putting together padded bills to the government."

(2) The testimony of Dr. Wyatt, also a psychiatrist, who says he has treated Edna's ex-patient, Sam, for schizophrenia and Sam-told him that Edna only spoke to him one time.

(3) A Medi-Cal Claim on Edna's stationery stating that Sam had been seen by her on 14 occasions.

(4) The testimony of McGuire, a policeman, who reads a police report that says at the time McGuire arrested 

Edna there was a patient in the waiting room who said, "You know, Edna once told me she was having such difficult financial problems that she intended to start stealing from the government in the near future."

Edna's lawyer cross-examines McGuire and asks him, "Isn't it true you hate all psychiatrists because a psychiatrist report caused you to be denied a promotion to sergeant?"

McGuire denies that this occurred.


Edna offers the following evidence:


(1) Testimony by the President of the American Psychiatric Association that Edna is one of America's most respected psychiatrists. .

(2) A document entitled "Police Personnel Record" which states that Patrolman McGuire is psychologically unfit to be promoted to sergeant.

(3) Testimony by the clerk of the San Francisco Superior Court's office that Edna's receptionist, Jake, has twice been convicted of perjury and once of felony sale of crack cocaine.

Describe what issues are raised by these facts and tell how these issues should be resolved and why.

PART III - ESSAY

(One hour)

In a suit by Fred and Tom's estates against Susan and George, the Plaintiffs offer the following evidence:

(1) Testimony-by Bill that as the house collapsed, he screamed to Fred and Tom, "Get out, that decrepit beam that Susan and George made us use to jack up the roof is collapsing."

(2) Testimony of a building. inspector that after the accident, George personally had the collapsed roof reconstructed, but this time he used metal girders instead of beams to jack up the roof.

(3) Testimony by a clerk from the City Planning Department that two-weeks before the accident, he mailed George and Susan a notice informing them that wooden beams could not be used as jacks in remodeling houses.

(4) Testimony by an ambulance attendant that just before Fred died, he said "I knew this was bound to happen. George and Susan have always created dangerous conditions for their work crew."

(1) George testifies and says he left his partnership in the remodeling business with Susan a year before the accident and had no connection with the project that collapsed.

(2) Testimony by workman Bill's former construction foreman who testifies that he has known Bill in the construction trades for 20 years and that Bill has .a reputation for not safely securing a beam when it is used to jack up a house.

(3) Testimony by Susan that no letter was ever received from the Planning Department regarding not using wooden beams as housejacks.

(4) Testimony by Susan that workman Bill filed a separate lawsuit for his own injuries and that he offered to both settle the suit and not testify on behalf of Fred and Tom's estates lawsuit if George and Susan paid him $750,000.

Discuss all issues that could be raised in regard to all of the proposed testimony and how these issues should be resolved.