Nov 10, 2005

Charlotte Meets Evidence

You'll have to pardon me. I'm sitting in Evidence class right now, and I just totally had a Charlotte (from Sex and the City) moment. We're doing problem sets regarding hearsay and here is the problem:

Sally brings a tort action against Roger, claiming that she contracted herpes from him, and that he negligently failed to inform her that he was infected with herpes when they had sexual relations. Roger defends, contending that Sally probably contracted herpes from David, with whom she had a sexual relationship prior ro meeting Roger. David is "unavailable," within the meaning of Federal Rule of Evidence 804(a), and is unable to testify at trial. Roger seeks to call Wendy as a witness, who would testify that at the time Sally and David's relationship was ongoing, David said to her, "I've got herpes, but it doesn't bother me. They have drugs for it now." Sally raises a hearsay objection. How should Roger respond and how will the court likely rule? (Question taken from Evidence: Problem, Cases and Materials by Peter Nicolas, Copyright 2005, Carolina Academic Press.)

Okay. I understand the rules involved, which are Federal Rules 804 (a) and 804(b)(2). I get the whole concept of statements made against a person's best interest. But here's what I can't get past: What kind of girl would have sexual relations with TWO men and NOT BOTHER to find out the sexual history of either of those men?

I'm not saying, I'm just sayin'....

10 Comments:

At November 10, 2005 3:29 PM, Blogger LisaBinDaCity said...

An idiot...

 
At November 13, 2005 11:41 AM, Blogger AA said...

That's funny, I've NEVER had a woman ask me about my sexual history until much later in our relationship (i.e. We bumped uglies a few times before any "history" questions came up).

Then again... I've only had two one-nighters (both during spring break), and any other relationship (however shortlived) did not require inquiry into sexual history since both of our "dirty laundry" was already in the public domain.

....

As for the Evidence problem, it's just gross that apparently BOTH men had herpes, and the suit hinges on ID'ing who had herpes first! Lol. I hated torts, but is the defense attempting to eliminate causation? poo.

 
At November 14, 2005 6:07 AM, Blogger HMC said...

Is that a real question? Do they really ask you about herpes and stuff in law school?

 
At November 14, 2005 7:40 AM, Blogger Kitrah said...

It's a real question... Mostly they try to make the fact patterns interesting. It's a hell of a lot better than Property examples:

"A devises Blackacre to B for life, then to C if D doesn't finish law school, but if D finishes law school, to D so long as the land is used for park purposes, and if it is not used for park purposes to E and the heirs of his body."

Stab me in the eye with a fork.

 
At November 14, 2005 7:46 AM, Blogger The BLS said...

*SCREECH* Give me the fork, give me the fork! Not because I don't want you to stab yourself in the eye with a fork, but because I want to join you!!!

Also... side comment: Am I the ONLY girl who practically grills her perspective lovers? I guess my line of thinking is that if they don't want to answer my questions (regarding sexual history,) they don't want to sleep with me that badly. :P

Yes, HMC... it *IS* a real question. Crazy, huh?

 
At November 14, 2005 12:11 PM, Blogger HMC said...

I wonder if these questions are indicative of what practicing law is really like. It sounds awesome if they are...

 
At November 14, 2005 12:39 PM, Blogger The BLS said...

What's hilarious is I just remembered reading about a case in my Torts class that dealt with a similar topic. It's called Mussivand v. David , and it concerns a guy suing his wife's lover because she contracted genital warts from him and in turn infected the Plaintiff. Sad but oh, so true... And yes, if all the cases were as scandalous as these, law would ROCK!

 
At November 14, 2005 7:42 PM, Blogger TLG said...

What disturbs me is that you cited the book :)

Of course, I did the same thing on a bitching blog about a textbook once.

And yes, Sally is a skanky bitch. With her luck she got it from two partners before David when she did some dude doggy-style on the hood of his car in an alley.

 
At November 14, 2005 7:44 PM, Blogger AA said...

I hated property class, our professor had this fixation with Chinchillas because she visited South America, so for the last four years she worked a little critter named "Chinchilla Beau" into her 60pt (60% of exam) essay question! For my 60pt monster, it was a whole mess of bullshit over ownership (A devises to B, but only if X and Y... etc..) and at the end there was a tenant that moved in and found a Chinchilla infestation. So we had to argue nuisance, patent/latent defects from the damage the chinchillas did, and to top it off... the tenant supposedly loved one particular chinchilla, "Chinchilla Beau," and attempted to keep it. That led to a final issue of possession by capture, and whether or not the chinchilla was a wild animal or domestic. Damn... I didn't mean to write that much, I guess the prop professor really scarred me... psychologically.

 
At November 15, 2005 10:54 AM, Blogger LisaBinDaCity said...

No The BLS you are NOT the only girl to grill her prospective lovers cause I do it too!

 

Post a Comment

<< Home