(1) identify all evidence law issues.

(2)Point out the applicable law with respect to each identified issue.

(3)Analyze the issue based on the facts of the question by applying relevant laws.

Gary is on trial for murder for killing Jay. The prosecution alleges that Gary killed Jay to free himself from a loan he had taken out from Jay. It is alleged that on the day of murder Gary lured Jay to meet with him in Golden Pheasant Restaurant to discuss a business collaboration. From there, Gary drove Jay to a wooded area and murdered him.

Gary denies the charge, asserting that he did not see Jay on the day of murder. He offers Nancy to testify as his alibi witness. Nancy is to testify that on the day of murder Gary was with her for a whole day in a camp site four hundred miles away from the scene of the crime. The prosecution learns that Nancy is in a romantic relationship with Gary.

(Hint: An issue of impeachment).

The prosecution intends to call Jay's colleague, Marty, to testify. Marty is to testify that on the day of murder at 7:00 p.m. he ran into Jay in the hallway. Jay said to him: "I'm going to Golden Pheasant Restaurant to have dinner with Gary to discuss our business collaboration." Marty then saw Jay flag down a taxi to go to the restaurant. The defense objects to the testimony, claiming it is hearsay.

(Hint: The state of mind statement and the issue of corroboration).

The prosecution intends to call Gary's secretary, Tiffany, to testify. Tiffany is to testify that on the day of murder she saw Gary on the phone. After the phone conversation, Gary said to her: "I've just talked to Jay. He agreed to have dinner with me at Golden Pheasant Restaurant tonight." The defense objects to the testimony, claiming it is hearsay.

(Hint: The state of mind exception: statements of present state of mind v. statements of memory).

Gary denies that he owed Jay any money, claiming that he had paid the loan back to Jay. He offers his office manager, Advik, to testify. Advik is to testify that Gary had paid back Jay's loan.

Advik informs the court that he cannot take the oath over the Bible, for he believes in a different religion. Instead of the traditional oath, he indicates that he would say: "I swear by my own gods that I will tell the truth."

As to his knowledge that Gary paid back the loan, Advil intends to testify that he saw Gary wrote a check and mail it out. He did not see the check but Gary told him that the check was made payable to Jay to pay back the loan. The prosecution claims that Advik is incompetent to testify.

(Hint: The two competency requirements in the FRE: personal knowledge and oath)