Federal Rules of Evidence
1.) While Darth Vader was incarcerated in state prison, two officers questioned him about his connection to a handgun that had been used to shoot two other officers. Vader was advised of his rights but was not asked whether he was willing to waive those rights. Instead, to induce Vader to speak, the officers deceived him into beleiving that “nobody is going to give you charges.” Vader made incriminating admissions and was indicted for possessing a handgun as a convicted felon. Should Vader’s statements be supressed – that is, not treated as admissable evidence at trial -because he was not asked, whether he was willing to waive his rights prior to making his self-incriminating statements? Why or why not? No bullets.
2.) Sally Smith began work for the Clock Co in June 2004. She eamed a salary of $90,000 per year and had health, dental and life insurance as benefits. Sally was the manager of the IT department until she was dismissed in March 2006. In November 2004, John Black was hired by Clock as the marketing director at an annual salary of $145,000 plus benefits. Smith and Black were both supervised by Mark Graham. Smith’s job performance did not meet Graham’s expectation but Black performed satisfactorily. Black was dismissed in December 2006 as part of a restructuring. Sally Smith filed a federal lawsuit against Clock Co alleging violations of the federal civil rights laws. As part of the litigation, Clock Co seeks to introduce federal income tax returns to prove the company’s financial condition for 2004 and 2005. Plaintiff objects to the introduction of the federal income tax returns. How should the court rule on the plaintiff’s objection? Your answer must cite pertinent legal authority (the textbook and lectures do not count as pertinent legal authority.) No bullets. Your answer may not contain more than 100 words.
3.) Sam Spade was injured in a scuffle with some co-workers. Spade filed a civil suit against those co-workers seeking damages for his injuries. Before trial, the defendants file a motion to prevent plaintiff from offering his own lay testimony about his physical symptoms and x-rays and other medical diagnoses. How should the court rule on the defendants motion? Your answer must cite pertinent legal authority (the textbook and lectures do not count as pertinent legal authority.) No bullets. Your answer may not contain more than 100 words.