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Hearsay Exceptions - Rachel  and  Jim

Page history last edited by abogado 9 years ago

Team Presentations - Law 16 - Spring 2015

 

Listen to Rachel and Jim podcast at listen to podcast,  and read hearsay exceptions at  FRE 803 and 804 then answer the following Applications Questions from your textbook at the end of your chapter on Hearsay Exceptions Rachel was assaulted by Jim, a wealthy entrepreneur. She suffered skin abrasions, bruises, and a black eye. Rachel has filed suit against Jim for both general and punitive damages. To be awarded punitive damages, Rachel must show that Jim's conduct was intentional and malicious. Jim has claimed that he went into a rage upon seeing Rachel with another man, and that he lost control and assaulted her without ever forming an intent to hurt her. Rachel wants to introduce the following evidence to support her claim that Jim acted premeditatedly, intentionally, and maliciously.


(a) Jim's diary, in which he recorded Rachel's whereabouts several times each week for the previous three (3) months.

(b) A note written by Jim to his secretary telling her to send flowers to Rachel with the message, "I'll be watching you."

(c) A note written by Jim's secretary to the company operator saying, "Jim says to make sure that any calls from Rachel are put directly through to him."

(d) Testimony form Rachel's friend that Rachel repeatedly told her that she was frightened of Jim.

Analyze each statement of the items of evidence listed above for their admissibility.

NOW PASTE YOUR WORK BELOW





Hidden FieldHidden Field Hidden Field

 

 

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