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• I will not take questions in class or out of class about the problems found below. I will discuss some of the problems from time to time in class. But I alone will decide when and to what extent I will discuss the problems found below. (Furthermore, I will never discuss any of the problems below outside of class.)
• I would be very grateful if you would you be kind enough to call typographical errors in the problems to my attention. 

Each student must join a forum group of not more than 15 students to discuss, for the rest of the semester, one of the 12 problems found below. (The four scenarios for Problem 1 are part of a single problem: they are not four separate problems.) The (secure) forum where you are to discuss your chosen problem may be found at

Usernames and passwords for access to this forum will be assigned in class. The discussions will be graded. Each student is expected to make at least one contribution a week.

In this section, I occasionally suggest a few sources that you should examine when thinking about some of the problems found below. As you will see, however, my suggestions are sporadic. And my research suggestions are definitely not exhaustive; there are sources and materials that I have not mentioned below that are as important as the sources and materials that I have mentioned. (I will make further research suggestions during the course of the semester.)

 Albert Accused is charged with committing the crimes of sexual assault and armed robbery. It is alleged that Albert committed these felonies by sexually assaulting and robbing Vila Victim on January 1, 2000. Albert pleads not guilty. At the trial Albert attempts to introduce evidence showing that (i) the alleged victim previously had consensual sexual intercourse with the accused, (ii) the alleged victim previously had sexual intercourse for cash, (iii) Albert is a rock star and Vila is a rock star "groupie" and has had consensual sexual intercourse on numerous occasions with numerous rock stars, and (iv) Vila was convicted of blackmailing another rock star by threatening to disclose that rock star's alleged sexual assault against Vila. The prosecutor objects to this evidence as irrelevant. You are the trial judge's law clerk. Prepare a short memorandum that assesses the prosecutor's objection to the evidence as irrelevant. (Ignore all other possible objections.)

 Albert Accused is charged with committing the crimes of sexual assault and armed robbery. It is alleged that Albert committed these felonies by sexually assaulting and robbing Vila Victim on January 1, 2000. Albert pleads not guilty. At the trial Albert attempts to introduce evidence showing that (i) the alleged victim previously had consensual sexual intercourse with the accused, (ii) the alleged victim previously had sexual intercourse for cash, (iii) Albert is a rock star and Vila is a rock star "groupie" and has had consensual sexual intercourse on numerous occasions with numerous rock stars, and (iv) Vila was convicted of blackmailing another rock star by threatening to disclose that rock star's alleged sexual assault against Vila. The prosecutor objects to this evidence as unduly prejudicial. You are the trial judge's law clerk. Prepare a short memorandum that assesses the prosecutor's objection to the evidence as unduly prejudicial. (Ignore all other possible objections.)

Albert Accused is charged with committing the crimes of sexual assault and armed robbery. It is alleged that Albert committed these felonies by sexually assaulting and robbing Vila Victim on January 1, 2000. Albert pleads not guilty. At the trial Albert attempts to introduce evidence showing that (i) the alleged victim previously had consensual sexual intercourse with the accused, (ii) the alleged victim previously had sexual intercourse for cash, (iii) Albert is a rock star and Vila is a rock star "groupie" and has had consensual sexual intercourse on numerous occasions with numerous rock stars, and (iv) Vila was convicted of blackmailing another rock star by threatening to disclose that rock star's alleged sexual assault against Vila. You are the trial judge's law clerk. Assume that these items of evidence are relevant. Prepare a short memorandum assessing the constitutionality of excluding such relevant exculpatory evidence. (Ignore all other possible issues.)

 The State of Blackacre, which applies common law rules of evidence, charges Albert Accused with committing the crimes of sexual assault and armed robbery. The indictment alleges that Accused committed these felonies by sexually assaulting and robbing Vila Victim on January 1, 2000. Accused pleads not guilty. At the trial the prosecution offers to show during its case in chief that (i) Accused sexually assaulted Sally Sampson on July 1, 1999, (ii) Accused sexually assaulted Vila Victim on April 15, 1999, and (iii) Accused robbed Jennifer Jones on August 3, 1998. Accused's attorney responds to each offer by stating, "Objection. Character evidence." You are the trial judge's law clerk. Prepare a short memorandum for the trial judge assessing Accused's objection to the foregoing offers of evidence.

The United States of America brings a criminal action against Albert Accused in a federal district court. The indictment avers that Albert assaulted Vila Victim by hitting her with a hammer. Albert Accused pleads not guilty. In her opening statement Accused's counsel states that the evidence will show that Accused acted in self-defense. Later in the trial Accused's counsel offers to show that Victim had the reputation of being a violent person. Victim objects to this evidence as inadmissible character evidence and inadmissible hearsay evidence. You are the trial judge's law clerk. Prepare a short memorandum for the trial judge assessing these objections by Accused.

Vila Victim brings a civil action against Albert Accused in a federal district court. Her complaint avers that Albert assaulted her by deliberately hitting her with a hammer. Albert Accused's answer denies the assault. In addition, the answer avers that Albert acted in self-defense. At the trial Albert offers to show that Vila had the reputation of being a violent person. Vila objects to this evidence as inadmissible character evidence and inadmissible hearsay evidence. You are the trial judge's law clerk. Prepare a short memorandum for the trial judge assessing these objections by Accused.

In 1950 the United States of America brings a criminal action against Albert Accused in a federal district court. The indictment avers that Albert sexually assaulted Vila Victim by raping her on January 1, 1950. Albert Accused pleads not guilty. In her opening statement at the trial Albert's counsel states that the evidence will show that Vila consented to have intercourse with Albert. Later in the trial Albert's counsel offers to show that Vila had consensual intercourse with Albert on May 3, 1949. The prosecutor argues that this evidence violates the character evidence rule. Albert argues that he has a right to show a pertinent character trait of the alleged victim of his alleged crime. You are the trial judge's law clerk. Prepare a short memorandum for the trial judge discussing the admissibility of the evidence offered by Accused in this federal criminal trial.

•In 1950 the federal courts applied common law rules of evidence and laws such as Federal Rule of Evidence 412 did not exist.

The United States of America brings a criminal action against Albert Accused in a federal district court in the year 2000. The indictment avers that Albert sexually assaulted Vila Victim by raping her on January 1, 2000. Albert Accused pleads not guilty. In her opening statement at the trial Albert's counsel states that the evidence will show that Vila consented to have intercourse with Albert. Later in the trial Albert's counsel offers to show that Vila had consensual intercourse with Albert on May 3, 1999. The prosecutor argues that this evidence is irrelevant, immaterial, and prejudicial. She also argues that evidence of her alleged prior sexual intercourse with Albert violates the prohibition against character evidence. Albert argues that he has a right to show a pertinent character trait of the alleged victim of his alleged crime. You are the trial judge's law clerk. Prepare a memorandum for the trial judge discussing the admissibility of the evidence offered by Albert in this federal criminal trial.

The United States of America brings a criminal action against Albert Accused in a federal district court in the year 2000. The indictment avers that Albert sexually assaulted Vila Victim by raping her on January 1, 2000. Albert Accused pleads not guilty. In her opening statement at the trial Albert's counsel states that the evidence will show that Vila concocted the claim that Albert raped her. Vila then testifies that Albert raped her on January 1, 2000. During cross-examination Albert's counsel asks Vila if she lied on her federal income tax return for the year 1998. The Assistant United States Attorney objects that this question violates the character evidence rule. You are the trial judge's law clerk. Prepare a short memorandum for the trial judge assessing the prosecutor's objection to the defense counsel's question.

The United States of America brings a criminal action against Albert Accused in a federal district court in the year 2000. The indictment avers that Albert sexually assaulted Vila Victim by raping her on January 1, 2000. Albert Accused pleads not guilty. In her opening statement at the trial Albert's counsel states that the evidence will show that Vila concocted the claim that Albert raped her. Vila then testifies that Albert raped her on January 1, 2000. During cross-examination Albert's counsel asks Vila if it isn't true that earlier that night Vila had quarreled with her fiancee and that her fiancee had rebuffed her attempt to have intercourse with him. The Assistant United States Attorney objects that this question violates the character evidence rule and Federal Evidence Rule 412. Albert denies this. Albert also contends that he has a constitutional right to ask the question. You are the trial judge's law clerk. Prepare a short memorandum for the trial judge assessing these objections by the prosecutor.

See Olden v. Kentucky ---

The United States of America brings a criminal action against Albert Accused in a federal district court in the year 2000. The indictment avers that Albert robbed Vila Victim on January 1, 2000, by threatening her with a revolver and taking her purse. Albert Accused pleads not guilty. In her opening statement at the trial Albert's counsel states that the evidence will show that Vila concocted the robbery charge against Albert. Vila testifies that Albert robbed her on January 1, 2000. During cross-examination Albert's counsel asks Vila if it isn't true that she suffers from delusions. The Assistant United States Attorney objects to this question. Albert's counsel replies that this is a proper attempt to impeach Vila. You are the trial judge's law clerk. Prepare a short memorandum for the trial judge assessing the propriety of the question about delusions.

The United States of America brings a criminal action against Albert Accused in a federal district court in the year 2000. The indictment avers that Albert robbed Vila Victim on January 1, 2000, by threatening her with a revolver and taking her purse. Albert Accused pleads not guilty. In her opening statement at the trial Albert's counsel states that the evidence will show that Vila concocted the robbery charge against Albert. Vila testifies that Albert robbed her on January 1, 2000. During cross-examination Albert's counsel asks Vila if it isn't true that she suffers from delusions. Vila replies, "No." Later in the trial Albert's counsel offers to have a psychiatrist testify that Vila is a paranoid schizophrenic and suffers from delusions. The Assistant United States Attorney objects to this proffered testimony. Albert's counsel argues that the testimony of the psychiatrist is admissible to impeach Vila's credibility as a witness. You are the trial judge's law clerk. Prepare a memorandum for the trial judge assessing the admissibility of the psychiatric testimony.

See:

United States v. Lindstrom

Daubert v. Merrell Dow Pharmaceuticals

Kumho Tire Co., Ltd. v. Carmichael

Starzecpyzel ----

The United States of America brings a criminal action against Albert Accused in a federal district court in the year 2000. The indictment avers that Albert robbed Vila Victim on January 1, 1999, by threatening her with a revolver and taking her purse. Albert Accused pleads not guilty. In her opening statement at the trial Albert's counsel states that the evidence will show that Vila concocted the robbery charge against Albert. The Assistant United States Attorney then calls Vila Victim and offers to have her testify that Albert robbed her. The evidence clearly shows, however, that Vila is a paranoid schizophrenic who frequently suffers from delusions. Furthermore, Vila's recollection that Albert robbed her first surfaced during a hypnosis session at her therapist's office on October 5, 1999. Albert's counsel moves that Vila be barred from testifying at Albert's trial. You are the trial judge's law clerk. Prepare a memorandum for the trial judge assessing the defense motion.

See:

Federal Rules of Evidence 601-603

State Ex Rel. Collins v. Superior Court ---

Rock v. Arkansas

United States v. Scheffer

The State of Whiteacre has a code of evidence patterned after the Federal Rules of Evidence except that Whiteacre has not adopted any rules patterned after Federal Rules of Evidence 413-415. Whiteacre charges Albert Accused with sexual molestation of a minor child, Vila Victim. The indictment alleges that Albert committed this crime by deliberately fondling the genitalia of Vila Victim on January 1, 2000. At the trial Vila testifies that Albert molested her on January 1, 2000. Albert testifies later in the trial. On direct examination he asserts that it is possible that he touched Vila's genitals but that if he did so, he did so inadvertently. During the cross-examination the prosecutor asks Albert if it isn't true that on March 7, 1995, Albert molested another minor child, Jennifer Jones, by fondling her genitalia. Albert's counsel argues that the question is improper because it seeks evidence that is barred by the character evidence rule. The prosecutor replies that the evidence sought by the question does not transgress the prohibition against circumstantial character evidence. She also argues that the question is a proper attempt to impeach Albert's credibility as a witness. You are the trial judge's law clerk. Prepare a short memorandum discussing whether the prosecutor's question to Albert is proper.

The United States of America brings a criminal action against Albert Accused in a federal district court. The indictment avers that Accused robbed Vila Victim on January 1, 2000, by threatening her with a revolver and taking her purse. Albert Accused pleads not guilty. During its case in chief the prosecution offers to show that Accused robbed Jennifer Jones, Samantha Smith, and Roseanne Roberts, respectively, by threatening each of them with a revolver and taking each of their purses on January 1, 1999, January 1, 1998, and January 1, 1997, respectively. Accused objects that these prior crimes are barred by the character evidence rule. The prosecution argues that these other crimes are admissible as habit evidence. You are the trial judge's law clerk. Prepare a short memorandum discussing the admissibility of these three prior crimes.