Allison sued Marc for assault and battery in the U.S. District Court for the state of Loserville.
Question:
Allison sued Marc for assault and battery in the U.S. District Court for the state of Loserville. Marc claimed that he acted in self-defense. The following testimony was offered at trial:
Bryan testified that he is personally acquainted with Allison and has known her on both a business and a social level for the last 7 years. He also testified that he lives in the same neighborhood and works for the same company as Allison. Allison's lawyers asked Bryan, "In your opinion and based on your personal observation, is Allison a violent or peaceful person?" Marc's lawyer objected, but the judge, nevertheless, required Bryan to answer the question.
On cross-examination, Marc's lawyer asked Bryan: "Have you heard that Allison has a prior arrest for assault and battery?" Allison's lawyer objected, but the judge compelled Bryan to answer the question.
Later, Marc's lawyer called Chris to the stand. Chris testified that he arrived at the scene of the fight just as it started. Chris then testified that a bystander exclaimed to him: "I was talking to Marc when Allison jumped him from behind." Allison's lawyer objected to Chris's testimony and moved to strike.
- Explain whether the judge's ruling on Allison's lawyer's question was proper.
- Explain whether the judge's ruling on Marc's lawyer's question was proper.
- Explain how the judge should rule on Allison's lawyer's motion to strike.
Legal Research Analysis and Writing
ISBN: 978-1305948372
4th edition
Authors: William H. Putman, Jennifer Albright