Question: Problem 1 Philip Pearson owned a property that included an old mine that Copper Mining Company was responsible for maintaining. Copper Mining Company hired Sunshine
Problem 1 Philip Pearson owned a property that included an old mine that Copper Mining Company was responsible for maintaining. Copper Mining Company hired Sunshine Subcontracting to do the maintenance work. Soon after Sunshine Subcontracting did the work, Philip Pearson went to the area of the old mine with his kids. One kid fell into a hole that had not been properly covered and sustained serious injuries. Pearson sued Copper Mining Co and Sunshine Subcontracting alleging negligence in maintaining the mine, and, for Copper Mining Co, negligence in hiring Sunshine Subcontracting. In his case in chief, Pearson wants to bring in Erica Expert, to testify about highly regulated mine safety standards. You are Pearson's lawyer. What questions would you ask Erica Expert to provide the foundation necessary for her testimony to be admissible under Rule 702 and 401? Write down 5-10 questions. HINT: first write down what Rule 401 and Rule 702 requires for admissibility, and then tailor your questions to these issues] Problem 2 Daniel Spears is on trial for two counts of sexual exploitation of a minor, each a class 2 felony and dangerous crime against children. Spears was a second grade teacher. Two of his students accused him of inappropriate touching after a conversation with the school librarian. Spears argues that the conversation with the librarian was a misunderstanding, and seeks to admit expert testimony on the subject of the proper protocols for interviewing young children to avoid suggestiveness and the implanting of false memories. Prosecution objects under Rule 401 and Rule 702, arguing that the testimony would be confusing and unhelpful. You are the judge. How do you rule? Make sure to give a short explanation of your reasoning.
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