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Problem A

Fact Scenario:

Lucille Loos has a sordid past and a very bad reputation for being unchaste. She accused John Smith of raping her on a Federal installation. After her immediate report of the alleged rape, she was taken to the rape trauma center where a medical exam was conducted and vaginal swabs containing semen were taken. There are no witnesses to the alleged rape. The defense attorney for Smith has four witnesses lined up to testify in the case being tried in Federal District court. Witness 1 would testify that he has known Loos all her life and in his opinion she is an unchaste woman. Witness 2 would testify that he has lived in the same small town as Loos and that Loos has a bad reputation for being unchaste in her small town. Witness 3 would testify that he and Loos had “unprotected sex” one hour before the alleged rape. Witness 4 would testify that he heard the accused promise Loos a gift of stock worth $5000 about a month before she reported that he observed Smith and Loos argue over the failure of Smith to complete the gift about a week before she reported that he raped her. 

Answer the following questions:

Would the testimony of Witness 1 be admissible? Explain. 

Would the testimony of Witness 2 be admissible? Explain. 

Would the testimony of Witness 3 be admissible? Explain.

Would the testimony of Witness 4 be admissible? Explain

Problem B

Bill Bubba is charged with shooting the dance hall DJ when the power went out in the dance hall. Because of the darkness, nobody saw who shot the DJ, but when the lights went on and everyone calmed down Bubba was seen with a smoking .38 revolver in his hand. He claimed that he did not shoot the DJ. He said that he heard a loud thud next to his foot after the shooting and he reached down and picked up the object which he realized was a weapon when the lights went on. The defense wants to call four witnesses: Witness 1 is a boyhood friend of Bubba who has known him all his life and would testify that Bubba has a character for peacefulness. Witness 2 is a local barkeep who would testify that he can identify Bubba as a patron who one night broke up a fight between two rowdy patrons and calmed them down and got them to apologize to each other. Witness 3 is Bubba’s minister, Paster Goodbody, who would testify that Bubba has the reputation among the church congregation of being a peaceful person. Witness 4 is Bubba’s new roommate. They met four days before Bubba was arrested for the shooting. The roommate would testify that he has known Bubba for four days and is confident that Bubba is a peaceful person.

Would the testimony of Witness 1 be admissible? Explain.

Would the testimony of Witness 2 be admissible? Explain.

Would the testimony of Witness 3 be admissible? Explain.

Would the testimony of Witness 4 be admissible? Explain.

Problem c

John Contrito has a heavy conscience. He stole $20,000 from an children’s soccer athletic association fund during the year he served as president of the association. He had never been a religious man, but his guilt was so heavy, he decided to seek spiritual advice. John drives by a strip mall and notices that one of the storefront businesses has a sign that states, “Jacksonville Church of What’s Happening Now.” Burdened with guilt for his transgression, he pulls into the parking lot of the strip mall and enters the establishment. He is met by a woman dressed in clerical garb with a preacher’s collar. She introduces herself as “Lady Divine,” the pastor of the Church. Contrito tells her in a confidential setting in the establishment that his conscience is burdened. Lady Divine asks him to relate his problem to her. He tells her that he stole $20,000 from the soccer associaton. She tells him to leave a donation to her church and to “go and sin no more…. his sin is forgiven.” John Contrito is relieved. Unfortunately for him, the auditor’s report for the soccer association notes the shortfall of $20,000. A police investigation is initiated and John Contrito becomes the prime suspect. During the investigation, the local press account lists John Contrito as the prime suspect. Lady Divine reads the paper and calls the police. She tells them that for a fee, she can give them information that will convict Contrito. The local police pay her a fee of id=mce_marker00 and she tells them that Contrito confessed the crime to her. At trial, Lady Divine is called to the stand by the prosecutor and asked the following question: “Did John Contrito speak to you concerning theft of funds from the soccer association?” The defense counsel for Contrito objects to the questions.

What would the specific objection be? Explain your answer. 

Do you believe that the objection will be sustained by the judge? Why?

Problem c

John Deadbeat is being charged with the crime of intentional failure to pay court-ordered child support for an illegitimate child he had with Ima Mother. Deadbeat goes to the offices of the local legal aid society and seeks the legal advice of an attorney to try to defend him at trial. He is assigned Hector Barrister, a licensed attorney, who talks to him during the interview and tells him about his rights, the defenses, and the trial procedure. During the course of the conversation, Deadbeat tells Barrister that he is concerned about the trial because he is afraid that Mother will testify that Deadbeat had tried to kill her one night about a month ago during an argument, when he aimed a shotgun at her and actually pulled the trigger intending to kill her but the weapon was still on safety and Mother was able to run away at that time. Barrister advises Deadbeat that in light of everything Deadbeat told him, he was going to lose at court. Deadbeat is visibly upset and tells Barrister that he will “finish the job he did not complete” when he tried to kill her in the past, and “this time the safety will be off and the shotgun will be loaded.”

Are Deadbeat’s statements about the past attempt to kill Mother privileged under the attorney-client privilege? Please explain your answer. 

Are Deadbeat’s statements about his intent to kill Mother in the future privileged under the attorney-client privilege? Please explain your answer.