Defendant is charged in federal court with assaulting a security guard outside a concert hall. The guard died before trial from unrelated causes. Defendant had no prior chance to cross-examine the guard. The prosecution...
Citations: Fed. R. Evid. 801, Fed. R. Evid. 802, U.S. Const. amend. VI, Fed. R. Evid. 901
Defendant is tried in federal court for aggravated assault after a late-night fight outside a music venue. Defendant claims that the alleged victim, Patron, rushed him with a broken bottle and that Defendant only pushed...
Citations: Fed. R. Evid. 404(a)(2), Fed. R. Evid. 405(a), Fed. R. Evid. 403
...se, one parent proves that the other parent repeatedly threatened and assaulted the parent during parenting exchanges. The child was present for some incidents but was not physically struck. How should the court treat th...
Citations: NCBE MEE Subject Matter Outline, Family Law
In a federal sexual-assault prosecution, Defendant claims the encounter was consensual. Defendant seeks to introduce evidence that the complainant had several consensual sexual relationships in the year before the charge...
Citations: Fed. R. Evid. 412
In an assault trial, Witness testifies that one minute after a glass bottle shattered near Victim's head, Victim was shaking and bleeding and shouted, "Dana threw it at me!" Dana objects that the statement is hearsay. Wh...
Citations: Fed. R. Evid. 803(2)
Victor was charged with domestic assault and drug possession. During the assault, the victim called 911 while Victor was still in the apartment. Crying and whispering, she told the operator, "He is in the kitchen with a...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Crawford v. Washington, Davis v. Washington, Melendez-Diaz v. Massachusetts, Giles v. California
A defendant charged with assault wants to call an eyewitness who would testify that someone else threw the punch. The trial judge excludes the witness solely because the defense disclosed the witness one day late, withou...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Washington v. Texas, Chambers v. Mississippi
Defendant is charged in federal court with assault after a fight at a restaurant. Defendant claims self-defense. He calls a neighbor who has known him for years and will testify that Defendant has a reputation in their c...
Citations: Fed. R. Evid. 404(a)(2)(A), Fed. R. Evid. 405(a)
Defendant is charged in federal court with sexual assault of a hotel guest. The prosecution offers testimony from a former guest who says Defendant sexually assaulted her in a similar manner at the same hotel two years e...
Citations: Fed. R. Evid. 413, Fed. R. Evid. 403
Defendant is charged with assault after stabbing Victim during a street argument. Defendant claims Victim lunged first. Defendant wants to call a bar owner to testify that Victim had a reputation among regular patrons fo...
Citations: Fed. R. Evid. 404(a)(2)(B), Fed. R. Evid. 405(a)
Plaintiff sues Surgeon in federal court for sexual assault and battery, alleging that Surgeon touched Plaintiff sexually while Plaintiff was sedated after a minor procedure. Surgeon denies any sexual contact and says Pla...
Citations: Fed. R. Evid. 412, Fed. R. Evid. 413, Fed. R. Evid. 415, Fed. R. Evid. 403
Rosa was charged with aggravated assault after a nightclub stabbing. Her appointed lawyer also represented Rosa's friend Eli, who was charged as an accomplice in the same case. Rosa repeatedly told the lawyer that she wa...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Strickland v. Washington, Missouri v. Frye, Lafler v. Cooper, Cuyler v. Sullivan
...evel, contact or confinement or interference, and privilege. Battery, assault, false imprisonment, trespass doctrines
Citations: Battery, assault, false imprisonment, trespass doctrines
...evel, contact or confinement or interference, and privilege. Battery, assault, false imprisonment, trespass doctrines
Citations: Battery, assault, false imprisonment, trespass doctrines
...ences, and explains why the doctrine does or does not apply. Battery, assault, false imprisonment, trespass doctrines
Citations: Battery, assault, false imprisonment, trespass doctrines
...evel, contact or confinement or interference, and privilege. Battery, assault, false imprisonment, trespass doctrines
Citations: Battery, assault, false imprisonment, trespass doctrines
...ences, and explains why the doctrine does or does not apply. Battery, assault, false imprisonment, trespass doctrines
Citations: Battery, assault, false imprisonment, trespass doctrines
...ences, and explains why the doctrine does or does not apply. Battery, assault, false imprisonment, trespass doctrines
Citations: Battery, assault, false imprisonment, trespass doctrines
...evel, contact or confinement or interference, and privilege. Battery, assault, false imprisonment, trespass doctrines
Citations: Battery, assault, false imprisonment, trespass doctrines
...evel, contact or confinement or interference, and privilege. Battery, assault, false imprisonment, trespass doctrines
Citations: Battery, assault, false imprisonment, trespass doctrines
...evel, contact or confinement or interference, and privilege. Battery, assault, false imprisonment, trespass doctrines
Citations: Battery, assault, false imprisonment, trespass doctrines
...evel, contact or confinement or interference, and privilege. Battery, assault, false imprisonment, trespass doctrines
Citations: Battery, assault, false imprisonment, trespass doctrines
...evel, contact or confinement or interference, and privilege. Battery, assault, false imprisonment, trespass doctrines
Citations: Battery, assault, false imprisonment, trespass doctrines
...evel, contact or confinement or interference, and privilege. Battery, assault, false imprisonment, trespass doctrines
Citations: Battery, assault, false imprisonment, trespass doctrines
USABarPrep Coach