Category: Uncategorized

When the admission of evidence is challenged, who has the burden of proof?

Rory is being sued in for stealing $1,000.00 from the till at the restaurant he works at. Rory wants to testify that Nick threatened him just before the theft stating, “You get me that $1,000.00 or I’ll beat you to a pulp!” Nick refuses to testify. It is likely that this statement is NOT hearsay because: 

Which of the following is NOT one of the criteria that courts will consider in deterring the probative value of expert opinion? 

Explain the difference between a civil standard of proof and a criminal one and why such a difference exists. 

Livingston and James were prosecuted for conspiracy to blow up the Chateau Laurier in separate trials. Livingston is a competent witness in James’s trial. Livingston testifies that he and James conspired to blow up the Chateau Laurier and offered testimony regarding the meeting of how the plan was to unfold. Livingston testimony is

On December 23, Ash was assaulted. Ash was punched in the face and receive a bloody nose. The clothes of the Defendant appear to have dark “blood-like” stains. Testing shows that the stains are in fact blood. However, the blood does not match the victims’ or the Defendant’s, but five other people’s blood. Upon objection by Defendant’s attorney, the proffered evidence should be 

Identify the FALSE element to the past recollection recorded exception.  Identify the FALSE element to the past recollection recorded exception.   

A and B are charged with simple assault of C. A in a statement to the police confesses to the assault. “We attacked him. I punched him in the face and B kicked him in the leg.” Is A’s confession admissible against B? Explain your answer.

Shelley and Jasmine formed a partnership. A former client is suing them. Shelley makes an admission that implicates both she and Jasmine in negligence. Would Shelley’s statement be admitted into evidence? Explain your answer. 

Explain the concept of layperson’s opinion. Provide examples.