Question
Mr. Burk wrote an article in his local small town community newspaper in which he stated, The only thing reliable about Mr. Smith, owner of
Mr. Burk wrote an article in his local small town community newspaper in which he stated, "The only thing reliable about Mr. Smith, owner of Smith's Grocery Store, is that he is a liar." Mr. Smith sued for defamation. In his case in chief, in addition to other evidence, Mr. Smith testified on his own behalf that he is an honest person and believes all liars are an anathema to God. In rebuttal, Mr. Burk offered several items of evidence. First was a written note signed by Mr. Smith in Mr. Burk's presence promising to donate money to Mr. Burk's children's charity; Mr. Smith never made the donation. Both Burk and Smith signed the note in the presence of an 8-year-old boy who was the charity's representative. Second, Mr. Burk produced one witness that testified to specific lies Mr. Smith had told during meetings. Third, Mr. Burk produced a second witness who has known Mr. Smith since childhood and is still friends with him today; this witness gave his opinion that Mr. Smith is a dishonest person. Fourth, the local Chamber of Commerce President testified that Mr. Smith's reputation in the local business community is that of dishonesty. Assume all hearsay issues are resolved. Discuss the admissibility of the following: [1] The note signed by Smith in the presence of both Burk and the boy. [2] Counsel for Mr. Burk calls the 8-year-old boy to the stand. Discuss the presumption and what tactic Mr. Smith's attorney may use to challenge the boy's testimony? [3] Did the Judge properly allow Mr. Burk's 3 rebuttal witnesses?
Please IRAC all the answers, Meaning list the Issue / R- Rule/ A- Analysis/ C- Conclusion
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Analysis for the admissibility of the evidence in the defamation case Issue The main issues are Is the note signed by Mr Smith admissible as evidence ...Get Instant Access to Expert-Tailored Solutions
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