Example of Answer to Exercise in Legal Analysis

Exercise A

Colo. Rev. Stat. § 29-10-220
When presenting evidence to the court, the original document shall be presented, unless the original document is no longer available through no fault of the party moving to have the evidence admitted.

Facts
Your client wants to have a birth certificate admitted into evidence. He was born in Italy. The original birth certificate was destroyed by a flood. Can he introduce a copy into evidence?

ANSWER: Yes, he will be able to have the copy admitted since the original was destroyed at no fault of his own.

Exercise B
O.R.C. § 331.93
If parties are from different states or countries, and if the amount of damages requested exceeds seventy-five thousand dollars, either party may move to have the matter transferred to federal court.

Facts
Your client is from Oregon, and got into a car accident in Portland with a man from New Mexico. The plaintiff is suing for $75,000, and has moved to have the matter heard in federal court. Will his motion be approved?

ANSWER: No, likely not. The statute states that the amount must "exceed" seventy-five thousand dollars, and the plaintiff's suit does not exceed that amount.

Exercise C
Statute: Haw. Rev. Stat. § 645.120
Any private verbal or written communication between a husband and wife is privileged, and a party possessing the privilege (the accused) may not be forced to testify, and may prevent his or her spouse from testifying.

Facts
Your client has been separated from his wife for more than a year. During the separation, he told his wife that he had robbed a bank. His wife called the police and reported him. The prosecutor wants to call the estranged wife to testify. Will she be allowed to take the witness stand?

ANSWER: A close call, but she will likely be prevented from testifying as to the statement since they were still married.