FINAL EXAMINATION
EVIDENCE
PROFESSOR PETER KEANE
SPRING 2006
INSTRUCTIONS
1.
You have a total of three (3) hours to complete this examination.
2.
This is a closed book exam. No outside materials are allowed and you may
not discuss the exam with anyone else.
3.
There are TWO PARTS to this examination, MULTIPLE CHOICE
and ESSAY.
PART
I, the
multiple-choice segment, contains 20 questions and is worth 1/3 of your
grade. Indicate the best answer on the
ParSCORE test form provided.
PART
II, the
essay segment, is worth 2/3 of your grade, with each essay answer worth 1/3 of the
total grade. You should
budget your time to devote one hour and not more to each question.
4.
Please be sure to allow some of the above suggested times
to think, organize and outline your answers before you begin writing your
essays. Use the blue books
provided. 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, at the top of
this page and every page of questions thereafter, the ParSCORE test form, and
each blue book you use. 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!
Part Two
Essay
(One Hour)
Lucy
and Gloria, law partners for many years in a highly profitable firm, are now
engaged in a bitter lawsuit to dissolve their partnership. Gloria claims Lucy took large sums of money
from the firm and that Lucy’s husband George, the firm’s accountant, covered it
up. Lucy counter sues, denies she took
any money from the firm and claims she should be awarded most of the firm’s
assets since Gloria has been senile for years and has not done any work at the
firm.
In
the trial, Gloria’s evidence as Plaintiff is:
1.
George is called
as a witness and testifies that:
a.
Lucy deposited
large amounts of cash into their joint family checking account, which he never
recorded in the office account books and never reported as part of the law
firm’s income when he filed the firm’s tax returns.
b.
Lucy told him
“Gloria is a naïve fool because she works so hard for the firm but never pays
attention to how much money the firm makes each year.”
2.
Gloria testifies
and says she can’t remember how many clients she had last year. Her lawyer hands her a set of ledgers titled
“Law Firm Client Lists.” Gloria
testifies, “These are the records the firm kept.” The ledgers are offered into evidence.
3.
The law firm
receptionist testifies that one morning as two clients were leaving the office,
she heard one of them say, “Did you see those stacks of hundred dollar bills
she had on her credenza?”
On
cross examination of the these witnesses by Lucy’s lawyer:
1.
George was asked:
a.
“You have been
having sex with the law firm receptionist for years, haven’t you?”
b.
“You were
convicted seven years ago of felony assault on your bartender, weren’t you?”
2.
Gloria was asked:
a.
“Isn’t it true
that you never passed the bar exam and have been practicing without a license
all these years.”
Gloria
denies this.
(Question continues on next page.)
3.
The receptionist
was asked:
a.
“Don’t you consult
a physician for problems with your hearing?” Lucy’s lawyer objects to this as
privileged and asks the judge to instruct the jury to disregard it.
Lucy’s
evidence as Defendant is:
1.
Dr. Dre, Gloria’s
psychiatrist, is asked if he has been treating Gloria for senile dementia for
ten years. The doctor refuses to answer.
2.
The director of
the State Bar of California testifies that he has searched the records of the
State Bar and could not find any record of Gloria having passed the Bar exam
and being admitted to practice law.
3.
Arnold, the
receptionist’s former boyfriend testifies that the receptionist told him just
before the trial that she had never heard any discussions of cash ever being
present in the law firm’s offices.
4.
Sidney, desk
clerk at a hotel near the law firm, testifies that George and the receptionist
regularly spent afternoons in one of the hotel’s rooms.
Analyze
and discuss all issues raised by these facts.
State how the issues should be resolved and why.
END OF PART TWO
Part Three
Essay
(One Hour)
Cheney,
a high federal official, is indicted for bribery and conspiracy along with his
co-defendant Rove and tried in federal court in
The
prosecution evidence against Cheney is:
1.
Testimony of
Rummy, who says:
a.
He frequently
called Cheney’s office and was told by Cheney’s secretary that Cheney was busy
playing 18 holes of golf on the D.C. golf course.
b.
Rove told him
that he and Cheney needed his help to arrange for several CEOs of oil companies
to obtain government clearance to serve on a government energy task force.
2.
Testimony of
Cheney’s former political aid who worked for Cheney when Cheney was a
3.
Testimony of
Professor Genius that he has developed a new technique for obtaining DNA from
mold spores. He says he removed DNA from
mold spores growing inside a hollowed out tree trunk on the D.C. golf course
and it matches a sample of Cheney’s DNA.
In
defense:
1.
Cheney testifies
and denies any guilt. His lawyer asks
him to identify a brochure. Cheney says
it is a brochure of the D.C. golf course that says “The best nine hole golf
course in
2.
Senator Foghorn
is called as a witness and he testifies that he was told by Delay, a former
congressman that he (Delay) was a talented impersonator. Delay said that he had been making himself up
and dressing like Cheney and convinced the energy CEOs that he was Cheney and
the oil companies were actually paying the bribes to Delay.
3.
Dubya is called
as a witness and testifies that he has known Cheney since he was a child. He testifies that his father always liked
Cheney. He also testifies that Cheney
goes to church every Sunday and even helps with the collection. He says that in his opinion, “Cheney is a
swell guy doing a heck of a job.”
(Question continues on next page.)
In
rebuttal, the prosecution then offers the following evidence:
4.
Testimony of
Condi that Cheney actually steals the money from the church collection plate
when he helps out.
5.
Certified copy of
a misdemeanor conviction of Cheney from the state of
6.
Cheney is
convicted and the defense files a motion to set aside the jury’s verdict on the
ground of misconduct. They call the jury
foreman to testify at a hearing on the motion that the other eleven jurors all
said they believed the evidence didn’t show Cheney’s guilt but they wanted to
convict him anyway because they didn’t like him. The jury foreman is prepared to testify that
he also voted to convict because the other jurors threatened him if he did not.
Analyze
and discuss all issues raised by these facts.
State how these issues should be resolved and why.
END OF EXAM