How confident do you feel?

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Therealellewoods27

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Re: How confident do you feel?

Postby Therealellewoods27 » Thu Feb 23, 2017 3:14 pm

Can you refresh with hearsay?

Investigator takes a video wants to admit it? Right to privacy was one of them don't remember what the others were or what I put ¿

Was the police officer considered an "expert"

Dog food can label question? SL or no?

YalteseFalcon

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Re: How confident do you feel?

Postby YalteseFalcon » Thu Feb 23, 2017 3:14 pm

Well hey. It is what it is.

If I were to make a breakdown of my answer choices:

20 - probably correct (felt that they were clear, and I knew the law)
50 - reasonably good chance correct (I knew the issue being tested, narrowed to 2 "correct" answers, felt at least somewhat stronger about the answer I chose).
85 - crapshoot (knew the legal issue, but didn't know the exception. Narrowed down to 2 answers based on process of elimination of incorrect statements of law, and basically flipped a coin).
20 - probably incorrect (very likely I chose a distractor, or I didn't know the general law being tested)
25 - almost certainly incorrect (based on confirmatory post-analysis/discussion)

So...there we have it. Who knows what outcome?

YalteseFalcon

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Re: How confident do you feel?

Postby YalteseFalcon » Thu Feb 23, 2017 3:16 pm

Therealellewoods27 wrote:Can you refresh with hearsay?


Yes. If truly used as prior recollection refreshed. Doesn't get introduced into evidence and the W cannot testify from it. Must be W's own personal knowledge. The item/hearsay merely triggers W's OWN knowledge.

YalteseFalcon

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Re: How confident do you feel?

Postby YalteseFalcon » Thu Feb 23, 2017 3:18 pm

happyhour1122 wrote:
yankeeman86 wrote:generally does the media have a right to view a state prison execution? i think no, thus no compelling reason needed from a state actor.


I know I chose A for that. Don't remeber the question....fully tho


Do you remember what answer A was?

happyhour1122

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Re: How confident do you feel?

Postby happyhour1122 » Thu Feb 23, 2017 3:23 pm

Not sure...but it was media no right in a non public or something like that

yankeeman86

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Re: How confident do you feel?

Postby yankeeman86 » Thu Feb 23, 2017 3:24 pm

YalteseFalcon wrote:
Therealellewoods27 wrote:Can you refresh with hearsay?


Yes. If truly used as prior recollection refreshed. Doesn't get introduced into evidence and the W cannot testify from it. Must be W's own personal knowledge. The item/hearsay merely triggers W's OWN knowledge.


all i know is that hypothetically speaking, a cop cannot use a report for PAST RECORD RECOLLECTION if the report was written by his partner and the cop did not adopt it. so if the cop is given something to refresh, and he still can't remember, and tries to read out the report under past record recollection, under the above circumstances, he cannot do so.

happyhour1122

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Re: How confident do you feel?

Postby happyhour1122 » Thu Feb 23, 2017 3:26 pm

yankeeman86 wrote:
YalteseFalcon wrote:
Therealellewoods27 wrote:Can you refresh with hearsay?


Yes. If truly used as prior recollection refreshed. Doesn't get introduced into evidence and the W cannot testify from it. Must be W's own personal knowledge. The item/hearsay merely triggers W's OWN knowledge.


all i know is that hypothetically speaking, a cop cannot use a report for PAST RECORD RECOLLECTION if the report was written by his partner and the cop did not adopt it. so if the cop is given something to refresh, and he still can't remember, and tries to read out the report under past record recollection, under the above circumstances, he cannot do so.


Only in criminal.
You can use anything to refresh.

Edit. Of course you have to adopt. I don't remeber the question in the exam but I believe the hearsay was adopted and was allowed to be used as hearsay as it was adopted by the cop as he was at the scene.
Last edited by happyhour1122 on Thu Feb 23, 2017 3:31 pm, edited 1 time in total.

yankeeman86

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Re: How confident do you feel?

Postby yankeeman86 » Thu Feb 23, 2017 3:27 pm

happyhour1122 wrote:Not sure...but it was media no right in a non public or something like that



https://www.rcfp.org/reporter%E2%80%99s ... executions

news press has no right to state prison execution, public has a limited right.

YalteseFalcon

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Re: How confident do you feel?

Postby YalteseFalcon » Thu Feb 23, 2017 3:27 pm

happyhour1122 wrote:Not sure...but it was media no right in a non public or something like that


I chose the same.

yankeeman86

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Re: How confident do you feel?

Postby yankeeman86 » Thu Feb 23, 2017 3:27 pm

happyhour1122 wrote:
yankeeman86 wrote:
YalteseFalcon wrote:
Therealellewoods27 wrote:Can you refresh with hearsay?


Yes. If truly used as prior recollection refreshed. Doesn't get introduced into evidence and the W cannot testify from it. Must be W's own personal knowledge. The item/hearsay merely triggers W's OWN knowledge.


all i know is that hypothetically speaking, a cop cannot use a report for PAST RECORD RECOLLECTION if the report was written by his partner and the cop did not adopt it. so if the cop is given something to refresh, and he still can't remember, and tries to read out the report under past record recollection, under the above circumstances, he cannot do so.


Only in criminal.
You can use anything to refresh.


you can use anything to refresh provided opposing counsel can review, but u cannot use a statement to replace your memory if u did not write it or adopt it.

Therealellewoods27

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Re: How confident do you feel?

Postby Therealellewoods27 » Thu Feb 23, 2017 3:30 pm

Tenant climbs broken stairs, no other way to her aptarment, a second stair breaks causing injury. T assumed risk or LL liable since the stairs were the only way to her apartment??

happyhour1122

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Re: How confident do you feel?

Postby happyhour1122 » Thu Feb 23, 2017 3:32 pm

yankeeman86 wrote:
happyhour1122 wrote:
yankeeman86 wrote:
YalteseFalcon wrote:
Therealellewoods27 wrote:Can you refresh with hearsay?


Yes. If truly used as prior recollection refreshed. Doesn't get introduced into evidence and the W cannot testify from it. Must be W's own personal knowledge. The item/hearsay merely triggers W's OWN knowledge.


all i know is that hypothetically speaking, a cop cannot use a report for PAST RECORD RECOLLECTION if the report was written by his partner and the cop did not adopt it. so if the cop is given something to refresh, and he still can't remember, and tries to read out the report under past record recollection, under the above circumstances, he cannot do so.


Only in criminal.
You can use anything to refresh.


you can use anything to refresh provided opposing counsel can review, but u cannot use a statement to replace your memory if u did not write it or adopt it.


The cop was at the scene. His Co officer just wrote it as he was also at the scene. I believe it was adopted and was used properly. Well, that was what I chose

YalteseFalcon

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Re: How confident do you feel?

Postby YalteseFalcon » Thu Feb 23, 2017 3:32 pm

Therealellewoods27 wrote:Tenant climbs broken stairs, no other way to her aptarment, a second stair breaks causing injury. T assumed risk or LL liable since the stairs were the only way to her apartment??


I chose LL liable because stairs were only way.

Also in my head was the general rule that LLs are liable for common spaces.

happyhour1122

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Re: How confident do you feel?

Postby happyhour1122 » Thu Feb 23, 2017 3:33 pm

YalteseFalcon wrote:
Therealellewoods27 wrote:Tenant climbs broken stairs, no other way to her aptarment, a second stair breaks causing injury. T assumed risk or LL liable since the stairs were the only way to her apartment??


I chose LL liable because stairs were only way.

Also in my head was the general rule that LLs are liable for common spaces.


Me too

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cnk1220

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Re: How confident do you feel?

Postby cnk1220 » Thu Feb 23, 2017 3:36 pm

I know you can use ANYTHING to refresh a witness's memory. It doesn't matter- it could be a flower pot for all they care-- b/c it's not being admitted into evidence so as long as witness says "hm i can't recall" attorney can be like well *insert document* Does this jog your memory witness? And then under 612, the document is taken away and the questioning resumes.

This is how refreshing recollection is different from PRR- the former is not being admitted into evidence so the rules are relaxed, the latter is a hearsay exception so the rules are stricter because PRR has to be something a witness wrote herself.

Therealellewoods27

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Re: How confident do you feel?

Postby Therealellewoods27 » Thu Feb 23, 2017 3:37 pm

Rape shield apply or not? None, of the answers really fit the exception?

Therealellewoods27

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Re: How confident do you feel?

Postby Therealellewoods27 » Thu Feb 23, 2017 3:40 pm

Ex wife called to testify. Divorced. Criminal case. Spousal or marital communications?

Follow state or federal psychotherapists priv- Erie question

yankeeman86

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Re: How confident do you feel?

Postby yankeeman86 » Thu Feb 23, 2017 3:40 pm

cnk1220 wrote:I know you can use ANYTHING to refresh a witness's memory. It doesn't matter- it could be a flower pot for all they care-- b/c it's not being admitted into evidence so as long as witness says "hm i can't recall" attorney can be like well *insert document* Does this jog your memory witness? And then under 612, the document is taken away and the questioning resumes.

This is how refreshing recollection is different from PRR- the former is not being admitted into evidence so the rules are relaxed, the latter is a hearsay exception so the rules are stricter because PRR has to be something a witness wrote herself.


agree, under the above hypo, the cop cannot assert PRR because he did not write it nor adopt it. if the facts say "another cop wrote it, cop then adopted it" it would be much more clear. another cop, not even a partner wrote it and there was no adoption. thus PRR cannot be used.

yankeeman86

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Re: How confident do you feel?

Postby yankeeman86 » Thu Feb 23, 2017 3:43 pm

Therealellewoods27 wrote:Ex wife called to testify. Divorced. Criminal case. Spousal or marital communications?

Follow state or federal psychotherapists priv- Erie question


i thought there was no federal privilege for this. either way i chose state cuz it was diversity.

yankeeman86

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Re: How confident do you feel?

Postby yankeeman86 » Thu Feb 23, 2017 3:43 pm

happyhour1122 wrote:
YalteseFalcon wrote:
Therealellewoods27 wrote:Tenant climbs broken stairs, no other way to her aptarment, a second stair breaks causing injury. T assumed risk or LL liable since the stairs were the only way to her apartment??


I chose LL liable because stairs were only way.

Also in my head was the general rule that LLs are liable for common spaces.


Me too


me too

YalteseFalcon

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Re: How confident do you feel?

Postby YalteseFalcon » Thu Feb 23, 2017 3:45 pm

Therealellewoods27 wrote:Rape shield apply or not? None, of the answers really fit the exception?


Hmm. I remember this one. If I remember correctly, the one answer that spoke specifically to the rape shield law was a misstatement of law.

I don't recall the other answers, nor which I chose.

yankeeman86

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Re: How confident do you feel?

Postby yankeeman86 » Thu Feb 23, 2017 3:46 pm

YalteseFalcon wrote:
Therealellewoods27 wrote:Rape shield apply or not? None, of the answers really fit the exception?


Hmm. I remember this one. If I remember correctly, the one answer that spoke specifically to the rape shield law was a misstatement of law.

I don't recall the other answers, nor which I chose.


Hm
Last edited by yankeeman86 on Thu Feb 23, 2017 6:53 pm, edited 1 time in total.

yankeeman86

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Re: How confident do you feel?

Postby yankeeman86 » Thu Feb 23, 2017 3:49 pm

Was the police officer considered an "expert" - no, not the right subject matter or something like that

Dog food can label question? SL or no? - LOL, what is that

happyhour1122

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Re: How confident do you feel?

Postby happyhour1122 » Thu Feb 23, 2017 3:49 pm

yankeeman86 wrote:
YalteseFalcon wrote:
Therealellewoods27 wrote:Rape shield apply or not? None, of the answers really fit the exception?


Hmm. I remember this one. If I remember correctly, the one answer that spoke specifically to the rape shield law was a misstatement of law.

I don't recall the other answers, nor which I chose.




had nothing to do with rape shield law, it was something else.



It was with consent! She's just guilty because she's living with her bf!!!!

YalteseFalcon

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Re: How confident do you feel?

Postby YalteseFalcon » Thu Feb 23, 2017 3:50 pm

yankeeman86 wrote:
Therealellewoods27 wrote:Ex wife called to testify. Divorced. Criminal case. Spousal or marital communications?

Follow state or federal psychotherapists priv- Erie question


i thought there was no federal privilege for this. either way i chose state cuz it was diversity.


As to the Erie question, I think I also chose state law, because privilege I believe to be a substantive matter.



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