This question should be answered using three IRAC structures. Please include all relevant keywords in your answer.
Dewey has lunch with his brother Louie. A week later, Dewey receives an email from Louie stating, “Great to have lunch with you last Tuesday! I invested my $5,000 in your duck widget company because you convinced me to at lunch.” After losing his money, Louie sues Dewey for fraud. At trial, Louie’s lawyer asks Dewey how much money he told Louie to invest. Dewey says he does not remember. Louie’s lawyer produces the email and has Dewey read from Louie’s statement. Dewey’s lawyer objects. Louie’s lawyer offers the email as evidence. Dewey’s lawyer objects a second time. Louie’s lawyer asks Dewey to testify from memory to the amount of money he told Louie to invest. Dewey’s lawyer objects a third time.
How should the court rule on these objections?
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To answer this question, you should think abut and discuss whether a witness may examine an item to refresh his present recollections and if so, what restrictions exist, Next, think about and disucuss the past recollected recorded exception, and finally, think about and discuss again what is allowed to refresh present recollection.
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Louie's Statement
Email
Memory
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