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5 Cards in this Set
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Sarah hires Mother/Daughter Cleaning Corp. to clean her apartment and make repairs to her apartment. 2 Months after cleaning and repairs Mother/Daughter Corp. sues Sarah for not paying. At trial, Kelly, who personally oversaw all the cleaning and repairs, was called to testify about (1) the number of cleaning supplies and tools used (2) the number of hours labored and (3) number of workers used. This info is also available in Mother/Daughter Corps. Business Log Records. QUESTION: Can Kelly testify or does Mother/Daughter Cleaning Corp. have to get the info in by introducing the business records
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Testimony Admissible b/c based on Kelly's first hand knowledge. Rule: Witness must have personal knowledge.
Tip: red herring here is any answer w/ Best Evidence Rule b/c log books are outside the scope of the rule. |
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Stern writes Boothby's boss an email telling her Boothby is cheap and a thief. Boothby lose her job and sues Stern for defamation. Stern's defense is that it is the truth. What evidence can Stern admit?
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All 3 forms of character evidence will be admissible in this civil case b/c character is "in issue" in a defamation action (opinion, reputation, specific acts). However, the CE must be relevant to the trait in issue which is honesty. In other words, the CE must attempt to show that Boothby really is a thief. I can't show that she is a slut or negligent b/c not relevant b/c being slutty or negligent doesnt make you a thief.
Note: the GR is that CE is inadmissible in civil cases. But this is one of the exceptions. |
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Which actions are exceptions to the gr that no character evidence is allowed in civil cases?
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cases where character is "in issue" defamation, slander, libel, deceit, negligent entrustment.
tip: dont confuse neligent entrustment w/ negligence. note: ny might be dif.? |
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Larry sues Dr. Roman for malepractice claiming Dr. Roman failed to diagnose his brain tumor after Larry complained of intense headaches and swolen bumps on his head. However, Dr. Roman said he found no evidence of a tumor and told Larry it was prob. just stress and cysts. Larry was nervous so he got checked out by Dr. Zarchin and Dr. Zarchin discovered it was a brain tumor.
Q.Larry wants Dr. Zarchin to testify that Larry's X Rays showed clusterings which are characteristic of a brain tumor. You are Dr. Roman's attorney - what is your objection to Dr. Zarchin's testimony? |
Testimony should be excluded b/c X-Rays are the Best Evidence to show the clusterings in Larry's brain.
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Larry sues Dr. Roman for malepractice claiming Dr. Roman failed to diagnose his brain tumor after Larry complained of intense headaches and swolen bumps on his head. However, Dr. Roman said he found no evidence of a tumor and told Larry it was prob. just stress and cysts. Larry was nervous so he got checked out by Dr. Zarchin and Dr. Zarchin discovered it was a brain tumor.
Q.Larry wants Dr. Zarchin to testify that Larry's X Rays showed clusterings which are characteristic of a brain tumor. Dr. Roman's attorney objects to the testimony. However, Larry's attorney insists it is permissible b/c Dr. Zarchin followed accepted medical practice in arriving at his opinion. Q. How should court rule? |
Evidence should not be admitted. The lawyer's argument would only apply if Dr. Zarchin was giving expert opinion testimony and he is not. Experts do not have to supply the court with what they rely on to form their expert opinion. So while L's lawyer makes a correct statement of law, it does not apply to this situation.
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