1.5.1 The Rim | miyakawa3 | December 04, 2014


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1.5.1 The Rim

A 1989 Ford and a 1991 Chevy collide at an intersection in the country. The owner of the Ford (F) claims that the owner of the Chevy (C) was speeding and did not slow down for the intersection. F's investigator found a rim from a headlight in a field 200 feet from the point of impact. F has an expert witness prepared to testify that in order for the headlight rim to have been thrown 200 feet the Chevy had to be going at least 75 mph. F puts the investigator on the stand; she testifies to finding the rim, specifies the precise spot where she found it, and identifies the rim she found. F then offers the rim in evidence. What ruling? How will the judge go about deciding? Suppose F tells the judge about his intention to call the expert and outlines the testimony expected from the expert? Does F need a witness first who can identify the rim as having come from a 1991 Chevy? From C's 1991 Chevy? Suppose C contests this proof with a witness who claims that the rim is from a 1987 Caddy? What ruling? By what procedure and by what standard does the judge go about deciding?

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December 04, 2014

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