This is a drug conspiracy case. The case is now on trial. During the prosecution's case-in- chief,
Question:
This is a drug conspiracy case. The case is now on trial. During the prosecution's case-in-
chief, an informant is called as a witness. During the direct examination, the following happens:
Q. (By prosecutor) Mr. Piper, on what date did you have your first telephone conversation with
the defendants?
A. Well, [witness looks at notes he is holding] the first one was on April 18.
Defendant: Your honor, we object to the witness referring to any notes he has with him.
Judge: Mr. Piper, do you need the notes to testify about these various telephone conversations?
Witness: I can testify generally about the conversations, but if youre going to ask me details like
the exact date and time a specific call happened, or exactly what somebody said during a specific
call, I need to refer to the notes I made at the time of those calls.
Judge: But you have a general recollection of the calls?
Witness: yes.
Judge: And you remember the general contents of the calls?
Witness: Yes.
Defendant: We still object to this procedure.
1. What objections and motions should be made?
2. What are the best arguments to support the objections?
3. What are the best arguments to oppose the objections?
4. What are the proper rulings?
5. How else could these issues have been resolved?
4.19 Plaintiff sues her employer for wrongful termination, which she claims occurred after she
complained about sexual harassment from her supervisor.
One of the defendant's in-house lawyers made notes during the meeting at which the
decision to terminate the plaintiff was made. During the discovery stage of the litigation, that
lawyer was deposed. Before his deposition the lawyer reviewed his notes of the meeting to
prepare for the deposition. This fact came out during the deposition.
Following the deposition, plaintiff made a motion that the defendant be compelled to turn
over the notes. At a hearing on the motion, the following happens:
Judge: Plaintiff, it's your motion. Why are you entitled to get the lawyer's notes of the meeting?
1. What objections and motions should be made?
2. What are the best arguments to support the objections?
3. What are the best arguments to oppose the objections?
4. What are the proper rulings?
5. How else could these issues have been resolved?
Organizational Behaviour Concepts Controversies Applications
ISBN: 978-0132310314
6th Canadian Edition
Authors: Nancy Langton, Stephen P. Robbins, Timothy A. Judge, Katherine Breward