Questions 2.4 The defendant, Gomez, is charged with conspiracy to import cocaine into the United States. The case is now on trial. The prosecution offered and the trial judge admitted a record of telephone calls from Gomez's residence in the United States to a telephone in Venezuela. The telephone calls corroborated the testimony of a prosecution witness who said Gomez authorized him to buy and transport the drugs from Venezuela. When offering the record of telephone calls, the prosecution was unable to establish a business records foundation under FRE 803(6). Instead, the exhibit was received under the residual hearsay exception, FRE 807. The defense did not object at the time the record was offered and admitted. The defense did, however, object to the record at the end of that court day, on the ground that the defense did not receive the pretrial notice required by FRE 807. The judge overruled the objection. At the end of the trial, the jury convicted Gomez. At a hearing on the defendant's motion for new trial the following happens: Defense: We contend it was error for the court to admit the telephone calls record. The prosecution did not give us the notice required by FRE 807 and it has given you no reason for failing to give notice. Judge: Prosecution, is there any reason why I should not find failure to give the defense notice is grounds for a new trial?

A. What Objections and/or Rulings should be made in this case. Cite a Rule and how the rule is applied.

2.9 The defendant, Dougherty, is charged with being a convicted felon in possession of a firearm. The case is now on trial. In order to prove the prior conviction was in fact a felony, the prosecution in its case-in- chief offers a copy of the indictment in that case. When the prosecution offers the indictment, the following happens: Defense: I object. That indictment is not certified and therefore has not been authenticated. Judge: Prosecution, it looks like this indictment is not certified. Prosecution: Judge, I assure you it will be before our case is closed. Judge: Very well, I will admit the document subject to it being certified. Both sides later rest. The prosecution never offered proof of certification. The defense did not renew its objection or move to strike the document. At the conclusion of the trial, the defendant is convicted. At the hearing on the defendant's motion for a new trial, the following happens: Defense: Your honor, we are entitled to a new trial because you allowed in evidence a copy of an indictment that was not certified. Judge: Prosecution, why shouldn't I grant a new trial?

B. What Objections and/or Rulings should be made in this case. Cite a Rule and how the rule is applied.

11.3 This is a civil case in which an employee is suing his employer alleging that he contracted a deadly disease, asbestosis, as a result of his exposure to asbestos dust and fibers in the course of his employment. Before trial, the plaintiff makes a motion for the court to take judicial notice of the fact that asbestosis is "a disease which is caused by the inhalation of asbestos dust and fibers." At a hearing on the motion, the following happens: Judge: I have before me a motion from the plaintiff asking the court to take judicial notice that asbestosis is a disease which is caused by the inhalation of asbestos dust and fibers. Any objection? Defendant: We object, your honor.

C. What Objections and/or Rulings should be made in this case. Cite a Rule and how the rule is applied.

5.3 The defendant, Mejia, is charged with conspiracy to distribute cocaine and possession with intent to distribute cocaine. The case is now on trial. In the prosecution's case-in-chief, testimony from DEA agents and a co- conspirator, Escobar, showed that Escobar had driven a car to Mejias house, that Mejia was not home, and that Escobar then returned to a nearby hotel. When he arrived at the hotel, Escobar was arrested, his car was searched, and cocaine was found in a hidden compartment. The prosecution's next witness, another DEA agent, obtained a search warrant for Mejia's car, which the agents had seen Mejia driving five days earlier. The car was seized in Mejias garage and searched. That search discovered that Mejias car contained electronically operated hidden compartments, but no drugs or drug residue was found in those compartments. Before that agent is called as a witness, and before the jury is brought into the courtroom, the following happens: Defendant: Your honor, before the next DEA agent testifies, we ask the court to rule on our previously filed motion in limine to preclude the prosecution from introducing any evidence of the results of the search of my client's car. Judge: What's your argument?

5.1 Defendant is charged with armed robbery and first-degree murder. The charges stem from a broken drug transaction. At trial the prosecution calls four witnesses, including the two victims, who were driving around looking for crack cocaine when the robbery and shooting happened. During the direct examination of one of the witnesses, the following happens: Q. (By prosecutor) When did you first see the defendant? A. When we were driving around, about midnight. Q. Had you ever met the defendant before? A. Sure, we knew him. Q. What name did you know him by? Defendant: Objection, your honor. May we have a side bar? Judge: Yes. Approach. [Lawyers come to the bench.] How's the witness going to answer? Prosecutor: Hes going to say that he knew the defendant by the name of "Psycho." Judge: Defense, whats your objection based on?

What Objections and/or Rulings should be made in this case. Cite a Rule and how the rule is Applied. 5.6

Defendant and others are charged with conspiracy to smuggle aliens into the United States for profit. The defendants, crew members of the Xing Da, a fishing boat that was boarded by the Coast Guard and found to have over 100 undocumented Chinese nationals on board, are charged with having various roles in the conspiracy, from captain of the boat to enforcers to keep the aliens under control during the 54 day transit from China.

Before trial the prosecution serves notice on the defense that it intends to introduce the following evidence at trial:

Living and sanitary conditions in the Xing Da's hold were filthy;The boat lacked required safety and emergency devices such as life jackets and rafts; Some of the defendants repeatedly beat the aliens during the transit.

Defendants object to this evidence. At the hearing on the objections, the following happens:

Judge: Defense, what's the basis for your objection?

What Objections and/or Rulings should be made in this case. Cite a Rule and how the rule is applied.

5.8 This is a wrongful death case brought by the plaintiffs estate against an airline. The deceased, Smith, a college football player, was killed in an airplane crash during his senior year in college. Smith was a guard on Notre Dames football team. He expected to be drafted by the NFL and play professionally. The estate is suing to recover (among other damages) Smiths lost future earnings as a professional football player.

Smith died over the Christmas holidays of his senior year. He had completed four years of college eligibility and had expressions of interest from several NFL teams, but the NFL draft had not yet occurred when he died. He was a starting guard during his junior and senior years and was voted on the All-American second team in his senior year.

To prove Smiths expected future earnings as a professional football player, plaintiff seeks to introduce evidence of the contracts five other members of his Notre Dame team who were seniors with Smith received from their NFL teams. These were:

Johnson, the starting quarterback in his senior year, was drafted in the 5th round of the NFL draft and received a contract of $1,000,000 for each of three years.

Williams, the starting running back for two years and an All-American first team member in his senior year, was drafted in the 1st round of the NFL draft and received a contract of $2,000,000 for each of five years.

James, the other starting offensive guard in his senior year, was drafted in the 6th round of the NFL draft and received a contract of $500,000 for each of two years.

Henderson, a starting defensive end for two years and an All-American second team member his senior year, was drafted in the 3rd round of the NFL draft and received a contract of $1,000,000 for each of three years.

Haynes, a starting defensive back for three years and the punt and kickoff returner and an All- American second team member his senior year, was drafted in the 2nd round of the NFL draft and received a contract of $1,500,000 for each of five years.

The defense objects. At a pretrial hearing, the following happens.

Judge: This is a hearing on defendant's motion to preclude certain evidence the plaintiff intends to introduce at trial. Defense, what's your objection to this evidence?

What Objections and/or Rulings should be made in this case. Cite a Rule and how the rule is applied 5.5 This is a products liability case involving a Jimmy four-wheel drive vehicle manufactured by the defendant. Plaintiff claims that a design and manufacturing defect in the Jimmy's rear axle and axle assembly caused the vehicle's rear axle to fracture, causing the vehicle to go out of control and roll over. That accident killed plaintiff's wife, the driver of the vehicle.

Defendant claims the accident was caused solely by driver error, which in turn was caused by the driver's intoxication. She consumed a number of alcoholic beverages after work. Her blood alcohol level was measured at 0.174 at the hospital and at 0.21 at the Medical Examiners lab. (A level of 0.10 is presumptive evidence of intoxication in the state.)

Before trial plaintiff filed a motion in limine to exclude all reference to the deceased's consumption of alcoholic beverages and to her blood alcohol level. At a hearing on the motion, the following happens:

Judge: Counsel, I've read your motion and I'm puzzled. Why should evidence of the deceased's intoxication be inadmissible in this kind of case? What Objections and/or Rulings should be made in this case. Cite a Rule and how the rule is applied.

5.9 The defendant is charged with armed bank robbery. According to the prosecution, the defendant, while armed with a handgun, entered the bank, threatened a teller, and took cash from the bank. The defendant was arrested for the robbery two weeks later.

Before trial, through discovery, the defense learns that the prosecution has the following evidence: A bank teller will identify the defendant as the person who entered the bank and said: "I've got a gun, give me all the money," and forced her to hand over the cash in her teller drawer. The teller will say that the defendant had his right hand in a jacket, and was gripping what looked like the brown wooden handle of a gun, although she could not see the rest of the gun.

A friend of the defendant who will say that, a few hours after the bank robbery, he was with the defendant when he saw the defendant throw a revolver with a brown handle into a nearby river. A police officer will say that he arrested the defendant two weeks after the robbery, and that he searched the defendant's car following his arrest. That search revealed a shotgun with a cut-off barrel under the passenger seat.

Another police officer will say that he executed a search warrant on the defendants home the same day the defendant was arrested. That search disclosed numerous weapons and ammunition, including two revolvers, two automatic handguns, several rifles and shotguns, and two fully automatic machine guns.

The defense moves to preclude the testimony of the defendant's friend and the two police officers. At a hearing on the motion, the following happens:

Judge: This is the defendant's motion to preclude certain evidence. Counsel, proceed with your argument.

What Objections and/or Rulings should be made in this case. Cite a Rule and how the rule is applied.