Second degree murder trial. The dog owned by defendant Midor…

Second degree murder trial. The dog owned by defendant Midori is alleged to have attacked and killed Diane. The dog’s breed tends to be exceptionally large (weighing over 100 pounds and reaching over five feet tall when standing on its hind legs). The government’s theory of the case is that Midori’s criminal recklessness in keeping such an animal in a residential neighborhood constituted a substantial and unjustifiable risk to human life, one that a law-abiding person in the same situation would not take. Midori pleads “not guilty.” The prosecution now seeks to introduce the following anonymously typed statement, found on a sheet of paper, taped on the outside of Midori’s front door: “I used to work for a breeder of this kind of dog; I remember that it is an extraordinarily vicious breed; it is only used for combat and fighting.” Defense counsel objects. What is the strongest basis for the objection? 

Civil lawsuit for personal injuries because of a traffic acc…

Civil lawsuit for personal injuries because of a traffic accident. The plaintiff called Witness (to the accident) to the s­tand. Plaintiff’s counsel asked Witness what happened at the intersection. Witness responded: “After I saw the accident, I ran over to the driver and told him, ‘You are the worst driver of all time!’” Defense counsel objects: “HEARSAY!”  How does plaintiff’s counsel respond to defense counsel’s objection?

Civil felony fraud litigation. Y sued X for breach of promis…

Civil felony fraud litigation. Y sued X for breach of promise to marry. To prove that X and Y are engaged, Y calls Z, a close friend, to testify that Z heard X ask Y, “will you marry me?” and Y answered “yes.” X’s counsel objects and moves to strike Z’s testimony.  What result?