An example taken from Professor Gold's scintillating Evidence 2 handout:
Action for divorce. To prove adultery by husband, Donald Trump, Wife offers statement of Paris Hilton, a permanent resident of a psychiatric hospital in Europe, made during an interview for America's Most Disgusting Celebrities: "I got drunk and had an affair with Trump." Admissible?
Answer:
In the federal system- No, because although the declarant is unavailable, the statement is not a declaration against her financial or penal interest.
In the California system- Yes, because the declarant is unavailable and the statement is against her social interest.
Perfect timing.... justice has been served and Paris Hilton is once again UNAVAILABLE
Showing posts with label paris hilton. Show all posts
Showing posts with label paris hilton. Show all posts
6.08.2007
6.07.2007
Loathsome
The meaning of my title is two fold.
ONE- Could Mr. Evidence BE any more dry???? Seriously, that man was putting me to sleep. He talks so slowly he could have fit evidence into one day if he just picked up the pace a bit. Quite a change from the fabulous singing Paula Property. Even the cynics in our class who spent the last three days making fun of her were asking for her back today. So, I officially loathe evidence merely on the basis of its dry presentation.
TWO- Today's big 'hot topic' on The View was, of course, the release of Paris Hilton from jail. I won't focus on the fact that I am so enormously pissed off about the way this makes our "justice system" look.... but the ladies on The View were speculating as to what 'undisclosed medical condition' Paris was released because of. Joy Behar suggested that Paris' herpes is acting up. Ding ding ding. Red flag! Loathsome disease alert!! Luckily for Joy Behar, Paris Hilton is a public figure because a loathsome disease is a one-way ticket to slander per se. But because of the constitutional implications of a public figure, we'd get to see Paris Hilton sue and then lose because the assertion wasn't false. : )
In other news, a friend in Barbri made a great suggestion today... If the California Bar were to say... Ok, there are two ways to become a lawyer in this state- (1) pass the bar or (2) give us one eyeball.... there would be a lot of one-eyed lawyers in the state... including me.
ONE- Could Mr. Evidence BE any more dry???? Seriously, that man was putting me to sleep. He talks so slowly he could have fit evidence into one day if he just picked up the pace a bit. Quite a change from the fabulous singing Paula Property. Even the cynics in our class who spent the last three days making fun of her were asking for her back today. So, I officially loathe evidence merely on the basis of its dry presentation.
TWO- Today's big 'hot topic' on The View was, of course, the release of Paris Hilton from jail. I won't focus on the fact that I am so enormously pissed off about the way this makes our "justice system" look.... but the ladies on The View were speculating as to what 'undisclosed medical condition' Paris was released because of. Joy Behar suggested that Paris' herpes is acting up. Ding ding ding. Red flag! Loathsome disease alert!! Luckily for Joy Behar, Paris Hilton is a public figure because a loathsome disease is a one-way ticket to slander per se. But because of the constitutional implications of a public figure, we'd get to see Paris Hilton sue and then lose because the assertion wasn't false. : )
In other news, a friend in Barbri made a great suggestion today... If the California Bar were to say... Ok, there are two ways to become a lawyer in this state- (1) pass the bar or (2) give us one eyeball.... there would be a lot of one-eyed lawyers in the state... including me.
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