2005 Evidence Final Examination

EVIDENCE

Professor Franks

Final Examination, Fall 2005

GENERAL INSTRUCTIONS

1.	Carefully analyze the facts and grasp the issues in each question before beginning to write. Spend time reading the question slowly and carefully.




2.	State the issues and answers to each question concisely. Lengthy answers are not necessary.




3.	Do not repeat questions in your answers. Write neatly and legibly on only one side of each page.




4.	Number your answers to correspond with the question, e.g., "II-A-3."




5.	If you feel it necessary to assume additional facts in any of the questions, give the facts that must be added and state why.




6.	Do not write in the margin of the book.




7.	All major questions are equally weighted unless otherwise indicated. Subparts are approximately equal but may be weighted slightly differently according to the number of issues involved in that subpart.




8.	Write your personal identification number and the name and section number of the course on which you are being examined on the cover of each examination book.




9.	If you use more than one book, indicate "Book One," "Book Two" and so forth on the cover of each book and write your PIN and the name and section number of the course on the cover of each examination book.




10.	A GOOD ANSWER IS NOT NECESSARILY A LONG ANSWER.

BACKGROUND TO FIRST THREE QUESTIONS

Billy Bobb and Susie Queue married in 1992. On December 25, 2004, the parties separated. They are now getting a divorce. You represent Susie. On February 15, 2005, you filed for divorce in the Family Court of East Baton Rouge Parish on grounds of adultery. The Bobbs have two children, Buddie and Betsy Lou. The case is now coming up for trial. At issue are the divorce itself, custody of the two children, spousal support, child support, and division of community property.

Billy runs a motorcycle shop, which operates as a corporation in which Billy owns all the stock. The corporation was formed during the marriage. Please answer the specific questions below.

QUESTION I

27.1 per cent of test

Your evidence on Billy's adultery is, to say the least, weak. Your only evidence of adultery consists of the following:

I-A. Billy's girlfriend, Sindee Loser, was married to Freddie Loser at the time of the adultery (December 2004). Back in January 2005, Freddie sued for divorce and was granted an uncontested Article 102 (no fault) divorce on July 28, 2005. Sindee denies any adultery ever occurred. Freddie, angry at Sindee, called your law office and told you that Sindee admitted to him that she had committed adultery with Billy Bobb. Freddie now has changed his mind and says he will refuse to testify. Can you force him to do so? Discuss.

I-B. Your neighborhood bartender, Bud Weiser, tells you of a woman who came in last night and told everyone that she is furious with you for having subpoenaed her to court. "Just cuz I was ballin' this biker Billy Bobb, some lawyer wants to make me go to court." From the bartender's description of the woman, it is obviously Sindee Loser. You want to use Mrs. Loser's statement to the bartender. Discuss specifically how if at all you can use the statement at trial.

I-C. Back in 2001, over a period of six months Billy committed adultery from time to time with his then-secretary, Flo Flooze. Billy admitted the adultery in a letter to Susie begging her to take him back, and Susie forgave him. Susie wishes to use the letter in evidence. Can she? How? Discuss.

I-D. In 2003, Billy subscribed to Hot Motorcycle Sex magazine, having the subscription come to his office. In 2004, he entertained a customer by taking him to The Topless Club. Susie wishes to use these incidents as part of her adultery evidence. May she? Discuss.

QUESTION II

38.6 per cent of test

On the custody issue, Susie contends Billy is less than a perfect parent. She claims Billy drives the children around without car seats or seat belts, and that Billy on one occasion was convicted of DWI. Please answer the following:

II-A. Specifically, Billy was stopped and ticketed in February 2005 by Officer Sam Jackson for allowing Betsy Lou, age 7, to ride without a seat belt and Buddie, then age 4, without a car seat. At trial in City Court, Billy was found not guilty.

II-A-1. May you introduce either the police report or a certified copy of the court record of the criminal charge in any way? Discuss.

III-A-2. When you call Officer Jackson as a witness at trial, his memory lapses and he remembers nothing. Explain in detail how you will deal with this. If the good officer persists in his amnesia, explain in further detail how you will deal with this. Under what circumstances, if any, is his written report admissible? Discuss.

III-A-3. Will Officer Jackson be allowed to testify as to the facts of the incident? Discuss.

II-B. On another occasion, only five months ago, Billy was arrested for DWI. He was convicted. Assume this is relevant (as indeed it surely is in a child custody case). How exactly do you intend to prove the conviction? Discuss.

II-C. Billy has witnesses, too. If allowed to testify, a nosy neighbor, Laura Looselips, will testify that in her opinion Billy is an ideal parent and your client, Susie, is the neighborhood liar. May she so testify? Discuss.

QUESTION III

23.6 per cent of test

Weeks before Billy moved out on Christmas Day 2004, Susie noticed he had been coming home late every night smelling of alcohol and perfume. So Susie went to her friendly Radio Shack and purchased a cassette recorder and a telephone connector of the type that automatically turns the cassette recorder on for the duration of the call whenever the line is used. Susie installed the recorder at home, hiding it in the attic. The recorder recorded all calls made or received from any phone in the house.

One conversation was captured on December 18, 2004 while the two were still living together -- a call in which Billy told his girlfriend, Sindee Loser: "That sure was good last night. I hope your birth control is working."

After Billy moved out, Susie continued recording all conversations. A full week after Billy moved out, the recorder captured a conversation between Billy and Susie on December 31, 2004, in which Billy told her: "Susie, I went to bed with Sindee. I'm so sorry."

You want to introduce both tapes into evidence. Can you? How? Discuss.

QUESTION IV

10.7 per cent of test

Your required outside reading, available all semester on the web site, is "The Eye of the Wolf," a chapter from Gerry Spence's book, From Freedom to Slavery. Summarize that chapter in one paragraph, giving the factual setting of the incident, the objection received by Mr. Spence, and how he dealt with it. You should be able to do this in six sentences or fewer. Just prove you did the outside reading!

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