This is from our workbook and the answers should be based on the Federal Rules of Evidence and exceptions 803

Section One

Directions:Read the following hypothetical situation. Upon completion, please identify all points at whichhearsayis present, also listing any possiblehearsayexceptions that may apply.YOU MUSTCORRECTLYCITE THE APPROPRIATE AND COMPLETEHEARSAYEXCEPTION RULE AS FOUND IN THE FEDERAL RULES OF EVIDENCE

Facts: John has been arrested for attempted murder. His accuser, Lisa, claims that John tried to poison her by putting arsenic in her coffee. The following witnesses are being asked to testify at trial:

1. Karlworks at a hardware store and recalls John's buying a box of arsenic. As Karl wrote out the receipt, John said, we've got a real pest I've got to get rid of."

2. Tinais John's sister. She claims that John's friend, Mike, admitted that he poisoned the coffee. However, Mike apparently drank out of the wrong cup and wound up poisoning himself. Mike slowly sank into a coma and died before he could testify.

3. Fredis being asked to testify that he saw John putting a substance into a cup that Lisa was drinking from.

4. Stellais John's former girlfriend. She claims that John told her, "I'm gonna get even with Lisa one of these days."

5. Halwas an inmate in the same jail cell as John. Hal claims that John told him,

"I didn't do anything wrong."

6. Ralphwants to testify that he heard Lisa state, "I'm going to make sure John spends the rest of his life in jail by poisoning myself."

7. Rubyis going to recount at a worker's compensation hearing the substance of a conversation that she had with Lisa in which Lisa admitted that she was not really too emotionally upset to work, as she had previously claimed.

Section Two

Directions:

1. Describe,in detail,the process ineither YOUR STATE or under the Federal Rules of Civil Procedure for serving a defendant by publication. (Include the CORRECT CITE to the rule, when it is allowed and the steps leading up to or involved in service by publication.)

2. Describe the process for obtaining a default judgment according to either your State or the Federal Rules of Civil Procedure.(Include the CORRECT CITE to the rule, when it is allowed and the steps leading up to or involved in obtaining a default judgment)

Section three

Complete exercise 19 in the workbook

Using the Federal Rules of Evidence please complete following:

Please provide your explanation of the text of the Rule stating that evidence must be relevant, and provide the rule number.

2. Please provide the Rule number defining hearsay.

3. What are "writings" and "photographs" according to the Rule? Please also provide the Rule numbers.

4. According to the Rules, does it matter if a declarant is available to testify in considering exceptions to hearsay? Please state the applicable Rule numbers.

5. Please provide the rule number that is commonly refereed to as the "Best Evidence" rule.

6. Is your weekly habit of attending an AA meeting ever admissible in a court of law? Explain you answer.

7. What is the "Rape Shield" and what purpose does it serve?

8. Can a witness character be attacked by evidence of the witness's prior conviction of a crime?

9. Can the testimony of a witness with knowledge serve as "authentication"? Please provide the applicable rule number.

10. If the defendant in a negligence suit has made a settlement offer in the past, can the settlement offer be introduced at trial to show that he may be liable? Why or why not?