Question
Dear Paralegal: Nancy Disgrace is being sued for slander and intentional infliction of emotional distress by Vic Timized. Trial is set for August 29, 2013,
Dear Paralegal: Nancy Disgrace is being sued for slander and intentional infliction of emotional distress by Vic Timized. Trial is set for August 29, 2013, but there are some evidentiary issues that need to be resolved before trial. The judge has asked to be briefed on the issues. Please draft a letter brief on the issues specified below. The judge has limited the brief to no more than five pages, so make it succinct. You must find the evidentiary rule that applies, and you need to cite to at least one case that supports our position. To be sure we understand the issues completely I want you to draft one letter brief in support of Ms. Disgrace and one letter brief in support of Mr. Timized. Yes, two separate letter briefs. This will mean you need to research both sides and be able to articulate a legitimate position for both parties. The issues are below. Issues 1. The Plaintiff seeks to introduce an out of court statement by the producer of Nancy Disgrace's show that Nancy wanted to increase her ratings by accusing Mr. Timized of killing his own daughter even though she did not believe he did it. The producer died unexpectedly and therefore won't be available to testify.
2. The Defendant wants to call an expert on social trauma to testify that generally people don't suffer emotional distress from public accusations. The expert has not interviewed Mr. Timized and can only provide testimony as to how people generally react.
3. The Plaintiff would like to call a witness to testify that Nancy Disgrace is known in the community as a liar and slanderer. Further that Nancy has regularly spread false rumors about people at her church.
Don't let the pressure get to you. This case is the most high-profile case this firm has ever handled and will only make or break us. Regards,
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