In a prosecution of Dax for forgery, the defense objected to…
In a prosecution of Dax for forgery, the defense objected to the testimony of a government expert witness on the ground of inadequate qualification. The government wanted to introduce a letter from the expert’s former criminology professor that stated that the expert is generally acknowledged in his field as well-qualified.On the issue of whether the government’s witness is qualified as an expert, who may consider the letter?
Read DetailsSaul, a citizen of State A, visited his elderly mother, a ci…
Saul, a citizen of State A, visited his elderly mother, a citizen of State B. While there, Saul borrowed her expensive vintage car to buy groceries. While Saul was driving to the store, Payton, a pedestrian, a citizen of State C, darted into the street in front of him. Unable to stop the car in time to avoid hitting Payton, Saul veered into a tree. Saul was seriously injured and the car heavily damaged.Saul sued Payton in the federal court for State B for his injuries, properly invoking the court’s diversity of citizenship jurisdiction. Saul invited his mother to join him as a co-plaintiff but the mother, citing her poor health, declined. In his answer, Payton maintained that Saul was contributorily negligent because he was driving at an excessive speed and because he was driving a car with faulty brakes.The jury returned a special verdict, finding that Payton was negligent, that Saul was not driving at an excessive speed, and that the failure to maintain the brakes was a result of the mother’s negligence, not Saul’s. The court entered judgment in favor of Saul and Payton did not appeal.Three months later, the mother sued Payton in the federal court for State B, seeking to recover damages in excess of $75,000 for the damage to her vintage car. In his answer, Payton raised the defense of claim preclusion, on the ground that the mother failed to join Saul in the prior action, and the defense of issue preclusion, based on the jury’s finding in the prior action that the mother negligently failed to maintain the car’s brakes. Payton thereafter moved for summary judgment dismissing the mother’s claim based on his two defenses. State B follows the same preclusion principles that federal courts follow in federal question cases.How is the court likely to decide the motion?
Read DetailsWhile driving in State B, Dani, a driver from State A collid…
While driving in State B, Dani, a driver from State A collided with Mike, a motorcyclist from State B. Dani sued Mike in federal court in State B, seeking damages of $80,000. Although Mike was properly served with process and had notice of the action, he did not answer, and the court entered a default judgment against him for $80,000. Thereafter, Mike sued Dani in a federal court in State A, seeking compensation of $1 million for his injuries.If Dani timely files a motion to dismiss Mike’s claim, how should the court rule?
Read DetailsOthena, the owner of a jewelry store, brought a civil action…
Othena, the owner of a jewelry store, brought a civil action against Francesca, a former clerk, for the value of various pieces of jewelry missing from the store. Francesca had been fired after another employee had reported that Francesca was stealing jewelry. At the trial, Othena calls her employee as a witness. The witness testifies that he does not remember either having seen Francesca take anything from the store or having told Othena that she had done so. Othena then takes the witness stand and proposes to testify to what the witness had told her about seeing Francesca stealing pieces of jewelry from the store.Assuming appropriate objection by Francesca, would such testimony by Othena be admissible?
Read DetailsEdith sued her employer in federal court for sexual harassme…
Edith sued her employer in federal court for sexual harassment. The jury returned a verdict in favor of the employer. Three months after the verdict, Edith’s attorney received an anonymous letter stating that a key document presented at trial by the employer had been altered. Edith moved for relief from judgment, alleging that a document presented by her employer at trial had been altered.Assuming that Edith can show that the alteration was intentional, how should the court rule?
Read DetailsHannah, a homeowner, is suing Cash, a contractor, in federal…
Hannah, a homeowner, is suing Cash, a contractor, in federal court for fraud and misrepresentation. Subject matter jurisdiction is based on diversity, and is clearly appropriate. Hannah presented three witnesses, while Cash presented one witness. Cash’s witness is impressive on the stand, and all observers believe that Cash will prevail. The case then goes to the jury without any motions being made by either party, and the jury returns a verdict for Hannah.If Cash moves for a renewed motion for judgment as a matter of law, will Cash be successful?
Read DetailsPetra is suing Darla in federal court for personal injuries…
Petra is suing Darla in federal court for personal injuries arising out of an assault and battery. Darla has confided in her therapist certain matters that Petra believes would be relevant to her case and helpful in finding further information.On request by Petra, will the federal court order discovery of what Darla told her therapist over Darla’s objection?
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