problem
Thicker Still
Thicker Still
P, a passenger in O's car, was injured when the car collided with a taxi driven by D. P sues D. D seeks to introduce evidence of settlements between D and O, where O agreed to pay for damages to D's vehicle, and between P and O, wherein O paid P an undisclosed amount for P's injuries. What ruling and why?
Even when evidence of a completed settlement is not offered against a party, can it be excluded under Rule 408 if offered to prove "invalidity of the claim or its amount"?
P, a passenger in O's car, was injured when the car collided with a taxi driven by D. P sues D. D seeks to introduce evidence of settlements between D and O, where O agreed to pay for damages to D's vehicle, and between P and O, wherein O paid P an undisclosed amount for P's injuries. What ruling and why?
Even when evidence of a completed settlement is not offered against a party, can it be excluded under Rule 408 if offered to prove "invalidity of the claim or its amount"?
E. GREEN, THE COMPLETE COURTHOUSE, IN DISPUTE RESOLUTION DEVICES IN A DEMOCRATIC SOCIETY
E. GREEN, THE COMPLETE COURTHOUSE, IN DISPUTE RESOLUTION DEVICES IN A DEMOCRATIC SOCIETY
44-51 (1985 Roscoe Pound ATLA Foundation, Washington, D.C.)
COURT-APPOINTED NEUTRAL EXPERTS
44-51 (1985 Roscoe Pound ATLA Foundation, Washington, D.C.)
COURT-APPOINTED NEUTRAL EXPERTS
"You Feel Very Sleepy ..."
"You Feel Very Sleepy ..."
Charge: murder in the first degree. Evidence for the state tended to show that Wilma Norris was the employer of Linda Lingle. The cause of death in each instance was a bullet wound in the back of the head.
Charge: murder in the first degree. Evidence for the state tended to show that Wilma Norris was the employer of Linda Lingle. The cause of death in each instance was a bullet wound in the back of the head.
Wolfman's Law
Wolfman's Law
Consider the facts of the following case, drawn from Sharp v. Coopers & Lybrand, 457 F. Supp. 879 (E.D. Pa. 1978):
Plaintiffs, investors in an oil drilling venture, alleged in this class action that the defendant, a major accounting firm, is liable to them for misstatements in several opinion letters which advised them as to the supposed tax consequences of those investments....
Consider the facts of the following case, drawn from Sharp v. Coopers & Lybrand, 457 F. Supp. 879 (E.D. Pa. 1978):
Plaintiffs, investors in an oil drilling venture, alleged in this class action that the defendant, a major accounting firm, is liable to them for misstatements in several opinion letters which advised them as to the supposed tax consequences of those investments....
The Window Washers' Witnesses
The Window Washers' Witnesses
Action by the P Window Washing Company against the D Tower Company for money allegedly due P for washing the windows on D's 100-story skyscraper, the D Tower. D denies it owes P anything and disputes that the work was ever done.
Action by the P Window Washing Company against the D Tower Company for money allegedly due P for washing the windows on D's 100-story skyscraper, the D Tower. D denies it owes P anything and disputes that the work was ever done.
The Wind River Ranch
The Wind River Ranch
In the ejectment action over the Wind River Ranch, D's attorney asks W, P's witness, the following questions on cross-examination and receives the following answers.
Q: Is W your correct name?
A: Yes.
Q: Have you ever been known by another name?
A: No.
Q: What is your address?
A: 42 Russell Street.
Q: What do you do for a living now?
A: I am a teller at the Cooperative Bank.
In the ejectment action over the Wind River Ranch, D's attorney asks W, P's witness, the following questions on cross-examination and receives the following answers.
Q: Is W your correct name?
A: Yes.
Q: Have you ever been known by another name?
A: No.
Q: What is your address?
A: 42 Russell Street.
Q: What do you do for a living now?
A: I am a teller at the Cooperative Bank.
The Why Concert
The Why Concert
On December 1, 1978, Peter, age 15, was killed at the Cincinnati Riverfront Coliseum. Peter had gone to the Coliseum to attend a concert by The Why, a rock-and-roll group. He and 10 others were killed when the crowd trampled them to death.
On December 1, 1978, Peter, age 15, was killed at the Cincinnati Riverfront Coliseum. Peter had gone to the Coliseum to attend a concert by The Why, a rock-and-roll group. He and 10 others were killed when the crowd trampled them to death.
Whiteacre
Whiteacre
Action of ejectment to recover possession of Whiteacre. P claims to be the owner entitled to possession. D admits P's possession but denies P's ownership. At trial, P proposes to testify that D executed a deed by which he conveyed title in fee simple absolute to P. D objects on best evidence grounds.
What ruling and why? What is so special about writings that there exists a special rule of preference for them?
Action of ejectment to recover possession of Whiteacre. P claims to be the owner entitled to possession. D admits P's possession but denies P's ownership. At trial, P proposes to testify that D executed a deed by which he conveyed title in fee simple absolute to P. D objects on best evidence grounds.
What ruling and why? What is so special about writings that there exists a special rule of preference for them?
Where the Rubber Meets the Road
Where the Rubber Meets the Road
You represent P in a consumer's action for damages arising out of an alleged breach of warranty on two new automobile tires purchased by your client from D Tire Company. The alleged defects are loose treads and bulges in the sidewalls of the tires. At trial your first witness is P. Draft a short examination of P sufficient to establish your case-in-chief.
You represent P in a consumer's action for damages arising out of an alleged breach of warranty on two new automobile tires purchased by your client from D Tire Company. The alleged defects are loose treads and bulges in the sidewalls of the tires. At trial your first witness is P. Draft a short examination of P sufficient to establish your case-in-chief.
