CA Bar Exam 練習答案: Evidence (July 2009)

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問題文

July 2009 Question 3
https://nwculaw.edu/pdf/bar/July%202009%20Essays%20and%20Sample%20Answers.pdf

While driving their cars, Paula and Dan collided and each suffered personal injuries and property damage. Paula sued Dan for negligence in a California state court and Dan filed a cross-complaint for negligence against Paula. At the ensuing jury trial, Paula testified that she was driving to meet her husband, Hank, and that Dan drove his car into hers. Paula also testified that, as she and Dan were waiting for an ambulance immediately following the accident, Dan said, “I have plenty of insurance to cover your injuries.” Paula further testified that, three hours after the accident, when a physician at the hospital to which she was taken asked her how she was feeling, she said, “My right leg hurts the most, all because that idiot Dan failed to yield the right-of-way.”

Officer, who was the investigating police officer who responded to the accident, was unavailable at the trial. The court granted a motion by Paula to admit Officer’s accident report into evidence. Officer’s accident report states: “When I arrived at the scene three minutes after the accident occurred, an unnamed bystander immediately came up to me and stated that Dan pulled right out into the path of Paula’s car. Based on this information, my interviews with Paula and Dan, and the skidmarks, I conclude that Dan caused the accident.” Officer prepared his accident report shortly after the accident.

In his case-in-chief, Dan called a paramedic who had treated Paula at the scene of the accident. Dan showed the paramedic a greeting card, and the paramedic testified that he had found the card in Paula’s pocket as he was treating her. The court granted a motion by Dan to admit the card into evidence. The card states: “Dearest Paula, Hurry home from work as fast as you can today. We need to get an early start on our weekend trip to the mountains! Love, Hank.”

Dan testified that, as he and Paula were waiting for the ambulance immediately following the accident, Wilma handed him a note. Wilma had been identified as a witness during discovery, but had died before she could be deposed. The court granted a motion by Dan to admit the note into evidence. The note says: “I saw the whole thing. Paula was speeding. She was definitely negligent.”

Assuming all appropriate objections were timely made, should the court have admitted:
1. Dan’s statement to Paula about insurance? Discuss.
2. Paula’s statement to the physician? Discuss.
3. Officer’s accident report relating to:
     a. The unnamed bystander’s statement? Discuss.
     b. Officer’s conclusion and its basis? Discuss.
4. Hank’s greeting card? Discuss.
5. Wilma’s note? Discuss.
Answer according to California law.

答案