Assignment:
Write a 10 to 12 page paper that address all of the following questions:
INCLUDE 5 Peer reviewed/scholarly resources beyond the text of Cases and Materials on the Rules of Evidence 7th edition Wellborn
Question 1
Based upon your review of Davis v. Washington, U.S. Supreme Court, (2006) discuss the issue of hearsay and confrontation as applied in this case.
Question 2
Based upon United States v. Odom, U. S. Court of Appeals, 4th Cir. (1984) explain the issue of mental competency as it relates to a witness statement under FRE 601.
Question 3
Discuss issues regarding opinion and expert testimony in United States v. Paul, 11th Cir. Court of Appeals (1999)
Question 4
Based upon the Reading discuss the Best Evidence Rule as it applies to the introduction and definition of "writing" FRE 1001(1) in United States v. Duffy, 5th Cir. Ct. of Appeals, 1972.
Question 5
Based upon the Reading discuss the procedure for determining the admissibility of new "expert testimony" as outlined in Daubert v. Merrel Dow Pharmaceuticals, Inc., 509 U.S. 579, 1993.
As you answer all of the above questions, discuss within each specific rule and evidentiary area, how a court determines relevancy and how Court acts as the gatekeeper of admissible evidence.