QUESTION 1
(1 1/2 hours)
(1) Testimony of Susan who says that three months before the incident, Mary told her that she was frustrated because she was blocked from promotion at her job because "3 guys" were in the positions above her and that she planned to figure out some way to "get them out of the picture."
(2) Arnold, a local TV news reporter, is subpoenaed to testify and asked by George's lawyer, "Isn't it true that you have knowledge of two incidents in the past when Mary brought false charges of rape against co-workers?"
(3) Testimony of David and Carl, each of whom says he worked with Mary at different past jobs as her supervisor and that Mary had consensual sex with both of them.
(4) Testimony by the owner of the house on the street close to the place where the police found Mary: "A little after 6:00 a.m. I asked my wife why she was sitting by the window. She said she was watching a car driven by a young woman with three guys in it that kept circling round the block."
(7) Testimony of George, principal of local high school, that ten years ago Mary was a freshman at the school during Alice's senior year.
Discuss all issues raised by these facts. Analyze the issues in accordance with the applicable principles of evidence and state how the issues should be resolved and why.
QUESTION 2
(1 l/2 hours)
Evelyn died after a long, painful battle with cancer. She left a will dated the day before her death which left everything to Buffy, a housekeeper she had hired about four months before her death. Sally, Evelyn's daughter, sues to contest the will on the grounds of improper influence by Buffy on Evelyn.
Sally offers the following evidence:
(1) Testimony of Evelyn's nurse that Evelyn said to her the day of her
death, "I believe Buffy tried to. poison me last week."
(2) Testimony of Sally that two weeks before her death, Evelyn wrote
to her and said in the letter, "I love you sweetie. You are the finest
daughter a mother could have. I have been so blessed to have you
as my child."
(3) Testimony of Joe, a locksmith, that a week before her death,
Evelyn called him and asked how much it would cost to change all
the locks in her house. Joe says Evelyn told him she planned to
"fire someone who worked for her" and didn't want this person to
be be able to get back in the house.
(4) Testimony of Tom, Evelyn's former lawyer, that Evelyn had told
him she had "a young woman working for her who revealed that
she had killed the last two people for whom she had worked." On
cross-examination of Tom by Buffy's lawyer, Tom is asked,
"Haven't you just been disbarred in California?"
(5) Testimony of Lucy, Evelyn's sister, who says she examined the will
being offered by Buffy and the signature on it is not Evelyn's.
(6) Hanna, Evelyn's grocer, testifies that a month before Evelyn's
death she wrote a letter to Evelyn saying that Buffy was stealing the
grocery money that Evelyn gave her to buy groceries with. Hanna
says she addressed and mailed the letter herself.
Buffy's lawyer, on defense, offers the following evidence:
(1) Evelyn's neighbor Liz testifies that she has lived next to Evelyn for
nine years and also knew her at church functions. She said it was
common knowledge among all the people who knew Evelyn that
Evelyn feared and hated her daughter Sally.
(2) The Custodian of the Records of the Superior Court identifies a
document as a certified copy of a felony conviction of Sally from
three years before for felony drunk driving vehicular
manslaughter.
(3) Testimony of Henrietta who says she has known Buffy's sister Lucy for 20 years and that Lucy does not know how to read or write
and
that whenever Lucy has to sign anything she makes an "X."
(4) Testimony of Buffy that on Evelyn's instruction she picked up and
opened all mail that come to Evelyn's house for three months
before her death. She says no letter from Hanna was ever
received.
Discuss all issues raised by these facts. Analyze the issues in accordance with the applicable principles of evidence and state how the issues should be resolved and why.