Saturday, November 13, 2010

Physical Evidence Hypotheticals

 Read each of the following.  Think through how you would answer the question, writing it down if that helps you think.  Then check the answer.

You may if you wish use this one as an example of the kind of answer that is expected, so, if you'd like to, go ahead and look as soon as you've read the information. 

#1. Sam is on trial for murder.  The prosecution is trying to prove that he got the gun that was used to kill the victim from a friend's (Jeff's) gun cabinet.  Jeff, who has an extensive collection of both revolvers and shotguns, is on the witness stand.  You are the prosecuting attorney, and you want to get the murder weapon admitted into evidence.  What do you do?

#2.  Mr. Slumlord is being sued in a personal injury case.  A tenant in his building tripped on the back stairs and hurt her back.  She claims that the stairs had been in terrible condition for quite sometime.  Mr. Slumlord wants to prove that the stairs were actually in good condition the day before the tenant's accident, so he has brought a picture of the stairs taken the day before  the tenant fell.  Another tenant from the building is now testifying and, as the attorney for Mr. Slumlord, you want to get the photograph of the stairs admitted into evidence.  What do you do? 

1. List the steps you will take.  You may look back at the list given in this post: 

2. Write out the questions you will ask to lay foundation, and the crucial question. 

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