I-A. Cockpit voice recorder tape.
| One would subpoena the tape | 9 points _______ |
| And authenticate it through the NTSB investigator's testimony | 9 points _______ |
I-B. Flight data recorder tape.
| One would subpoena the tape | 9 points _______ |
| And authenticate it through the NTSB investigator's testimony | 9 points _______ |
| And interpret it through the NTSB investigator's testimony | 9 points _______ |
or the testimony of one's own expert witness |
9 points _______ |
I-C. NTSB report.
| Investigative reports are not admissible in Louisiana | 9 points _______ |
| Use for impeachment of any preparer who testifies | 9 points _______ |
| Use for present memory refreshed | 9 points _______ |
| Use for prior recollection recorded as to any preparer | 9 points _______ |
| Does it contain admissions of parties or their agents? | 9 points _______ |
| Get NTSB facts in by calling live witnesses | 9 points _______ |
I-D. Transcript of NTSB testimony.
| Admissions of parties or their agents are always admissible | 9 points _______ |
| However, to use in lieu of testimony of live non-party witnesses |
|
witness must be "unavailable" |
9 points _______ |
in civil case, was there a party with a similar interest |
9 points _______ |
who was given a similar opportunity |
9 points _______ |
and who had a similar motive to cross-examine? |
9 points _______ |
| Use in any case permissible for present memory refreshed | 9 points _______ |
| Use for prior recollection recorded if questioning a preparer of the report | 9 points _______ |
I-E. Testimony of expert Jamal Mubarek.
| He may testify as an expert | 9 points _______ |
| He may rely on unpopular theories | 9 points _______ |
| Goes to weight only | 9 points _______ |
| Daubert v. Merrell Dow relaxed the rules | 9 points _______ |
II-A. How may plaintiff use the article from Advocette?
| The statement appears highly relevant as an admission by a party | 6 points _______ |
and it matters not that spokesperson did not know the facts |
6 points _______ |
| However, the newspaper article appears to be inadmissible hearsay | 6 points _______ |
| Plaintiff must subpoena the airline vice president who made the statement | 6 points _______ |
| Or subpoena the news reporter to whom the airline made the statement | 6 points _______ |
If airline will not admit statement and reporter is unavailable |
6 points _______ |
article possibly admissible under "catchall" article, 804 (B)(6) |
6 points _______ |
II-B. Josephina Roughneck's statement to Bertha Bestfriend.
| Relevant as admission by a party | 6 points _______ |
going to her claimed loss of consortium and damages |
6 points _______ |
| It is also a statement of intent | 6 points _______ |
| Yes, defense will succeed in getting the statement admitted | 6 points _______ |
II-C. Joe Roughneck's statement to Passionada Von Climax.
| Relevant as admission by a privity | 6 points _______ |
going to Joe's future earnings plaintiff claims are now lost |
6 points _______ |
| Yes, defense will succeed in getting the statement admitted | 6 points _______ |
II-D. Passionada is an informant and made a tape.
| Her tape may be so used and will be admitted into evidence | 6 points _______ |
if made in Louisiana or another state with law similar to ours |
6 points _______ |
| Mark as exhibit and have her identify the tape | 6 points _______ |
| If made under color of law, her motive in making tape immaterial | 6 points _______ |
II-E. Bertha "forgets" her earlier statement. What to do?
| Call Bertha. When she denies Josephina's statement ask about adjuster | 6 points _______ |
Prior inconsistent statements are admissible |
6 points _______ |
| After Bertha testifies, call adjuster and ask him what Bertha said | 6 points _______ |
II-F. May First Officer Kerry's prior safety violation be used at trial?
| It simply can' be used at trial | 6 points _______ |
| They can't impeach him with it -- he's dead | 6 points _______ |
it's not even a criminal conviction |
6 points _______ |
nor does it show motive, opportunity, intent or plan |
6 points _______ |
nor is it character evidence |
6 points _______ |
nor is it habit |
6 points _______ |
| It's highly inflammatory and prejudicial | 6 points _______ |
| And it's just plain irrelevant | 6 points _______ |
III-A. In "The Eye of the Wolf," where does Gerry Spence first meet his client?
| Any answer indicating the student knows Mr. Spence met Mr. Weaver in jail | 8 points _______ |
III-B. Where exactly in the United States did the events occur?
| Ruby Hill or Ruby Ridge or Idaho. Partial credit for Wyoming. | 8 points _______ |
III-C. Describe Mr. Weaver's political views? What would most call him?
| Bigot or racist or klansman or nazi, or any similar term | 8 points _______ |
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