This question should be answered in IRAC format. Please also include all relevant keywords, terms and phrases when discussing each topic.
Donny, now dead, was prosecuted for criminal violations of a hazardous waste disposal act and convicted, in part on the testimony of Wally, a witness. After Donny’s death, the plaintiff on whose property Donny dumped the hazardous waste brought suit to recover the cleanup costs against the executor of Donny’s estate. Because Wally is currently incarcerated in another state and beyond the reach of the court’s subpoena powers, the plaintiff seeks to introduce the transcript of Wally’s testimony from Donny’s criminal trial in the present action. The executor objects to its admission.
How should the court rule?
NotepadClick anywhere in notepad to add a note
Topic Label Each Sentence
To provide the most accurate and beneficial review, critique, and feedback to your writing, please topic label each sentence of your answer, as seen below, prior to submitting.
Hint
First, consider whether Wally’s statements are being offered for the truth of the matter asserted. Then, consider whether Wally’s previous testimony was offered in a similar situation where it could have been meaningfully cross-examined.
Topics
Grammar
Readability
Tone
Grade
Critique and FeedbackHang tight! Your Reviewer is critiquing and scoring your submission which could take 30-90 seconds.
Saving Progress ...
All work will be saved, however the time spent will start from zero when you continue.