- A man is standing at a bar. His friend Sam says to him, "Jim, it was Claude who scratched your car and slashed all your seats." Two days later Jim is found beaten in an alley. Is Sam's statement admissible? Explain the basis for your answer(s) and provide the appropriate rule(s).
- A man is standing in a bar. His friend Sam says to him "John, be careful. Harry knows you are having an affair with his wife. He told lots of us that he's going to make you pay real bad." As Harry walks into the bar, John observes him reach behind his back and sees a black object in his hand. John takes out his gun and shoots Harry. John claims self-defense. Is Sam's statement admissible? Explain the basis for your answer(s) and provide the appropriate federal rule(s) number(s).
Defendant is charged with arson of a building with intent to defraud an insurer. At the same time that police and fire fighters were responding to a fire alarm at the Four Coins Restaurant building, the police dispatcher received a call on the 911 line. The caller said that "At least one man has run from the building. He got into a car with the possible plate of NFT 543. This could be a possible arson." The caller did not identify himself, saying "I'd rather not get myself involved", nor were the police able to trace the call to learn the caller's identity. Further investigation found that the license number was registered to a car owned by the defendant.
Before trial the defense moves to preclude the admissibility of the tape recording of the 911 call, as well as a transcript of the call. At the hearing on the motion, the following happens:
Judge: Defense, I'm now ready to hear your arguments on why the 911 evidence, the tape recording as well as the transcript, should be precluded. Please proceed.
A. What objections and motions should be made?
B. What are the best arguments to support the objections?
C. What are the best arguments to oppose the objections?
4. This is a felon in possession of a firearm case. The defendant and his wife were involved in an argument. The argument became heated enough that the wife called the police through the 911 system. The tape recording of the telephone call contained the following:
Caller: Would you send a car to 308 Bell?
Dispatch: 308 Bell?
Caller: Yeah, please hurry.
Dispatch: What's the problem?
Caller: He pulled a gun on me.
Dispatch: OK, you stay on the phone, OK?
Caller: I can't. Here he comes.
Before trial the defendant moves to preclude evidence of the telephone call. At the hearing on the motion, the following happens:
Judge: This is defendant's motion to preclude evidence of a 911-telephone call. Defense, what's your argument?
A. What objection should be made?
B. What are the best arguments to support the objections
C. What are the best arguments to oppose the objections?