Jyoti Williamson against McGregor - Coursework Example

The statement gives a better perspective of the event before and after the event. As such, the statement is admissible in court. However, the statement incriminates against a person who has not been presented in court. as such the government is obliged to present McGregor in court. In addition, the judge may require to do one or all of the following to determine the validity of the case: (1) a witness generally must swear and affirm that the evidence is credible and truthful. (2) The witness must present themselves personally at the trial in order to allow the jury to observe or the testimony firsthand. (3) The witness must cross-examination so as to test the facts presented

13-B
Answer 2
In a court proceeding, identification of the defendant is fundamental in proving beyond reasonable doubt that the defendant committed the crime. In this case, the evidence that Jackson presents will make the judge believe that Jackson really knew the person who knocked him down. As such, the evidence will be important in the prior identification of the defendant. The statement is a present sense impression that cannot be dismissed as it explains the incident prior to that particular event.

13-C
Answer 1
The presiding jury should admit the evidence to show that van#2 was not properly maintained. In this case, the statement by Arturo cannot be taken as evidence that the driver and the mechanic had prior knowledge or were responsible for the maintenance of the van. In this case, the statement by Arturo declares that Van #2 had mechanical problems and hence could have probably caused the accident

13-D
Answer 3
According to the email, the defendant admits that the contract existed and as such, they are willing to settle half the amount of the contract. In this case, the judge should rule that the contact was real. Similarly, the judge cannot rule against the evidence in accordance with Rule 408 since the email provides no evidence of ongoing negotiations. All that is in the email is blackmail from one party coercing the plaintiff to accept half the contact amount as the court proceeding will take too long.

14-A
Answer 3
Rule 801 (d) (1) declares that a statement will not be hearsay if it is presented by an independent source and that it contains an admission declaration by a party. In this case, the statement recorded in the business records of Eddy Dreyer qualifies to be admitted by a presiding jury since it clearly identifies that the driver of the SAAB admits hitting the BMW. In this case, the jury will admit the evidence as an admission declaration by the defendant. However, Rule 806 limits demand that the presiding judge must allow the defendant to cross-examine the evidence so as the judge can deduce the credibility.
14-B
Answer 4
In this case, the statement by one of the residents constitutes a present sense impression. According to Rule 803 of the rules against hearsay, the present sense impression is any statement that is proven to be credible by a sitting judge that describes an event. In this case, the statement should contain information that the declarant perceived in the context of the matter underdetermination. In this case, the statement helps the jury to understand the event that took place prior to the incident that is currently underdetermination and hence it should be admitted.

14-c
Answer 4
Rule 803 of the “Exceptions to the Rule against Hearsay” declares that a statement is shielded against hearsay determination notwithstanding the existing emotional, mental or physical conditions. In this case, Samantha makes the declaration statement to the ambulance attendant of her physical condition. As such, the judge should determine the statement as important in determining the symptoms that Samantha had. Accordingly, the other part of the statement will be disregarded as it is deliverable dependent on the memory of the plaintiff. According to the rule, the exemptions do not include memory or belief.

14-D
Answer 1
Rule 803 gives an exception to the statement by Joey from being declared as hearsay. According to the rule, the statement by the girl is that of the present sense expression and it should be admitted notwithstanding the physical presence or absence of the witness. Accordingly, the statement describes the event immediately after she perceived it. However, the plaintiff or the prosecutor must prove that the statement by the victim came only a few days after the incident, otherwise, the statement will be discarded.

14-E
Answer 4
The first statement in consideration is that made by a law enforcer. Importantly, the report that she presents is protected from hearsay dismissal by rule 803 (8). As such, this statement includes a public record that is collected and presented by an authorized person, in this case, a police officer. In this case, the judge should admit her evidence to prove the case against Acura. The second statement under consideration is that made by Finnegan. In this case, he makes a statement that Acura admitted to taking alcohol (martinis). This statement should be admitted since Acura admitted to taking alcohol and hence a probable cause of the accident. Rule 803 (1) protects such a statement that contains declarations that an offender admits to committing a certain fault. Therefore, a sitting judge in the case should admit the evidence in totality. Read More