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BUSINESS LAW, IRAC METHOD Please answer this question in its entirety FACTS: Mary Sue Walton sued Sam Smith. Mary Sue seeks to introduce certain...
BUSINESS LAW, IRAC METHOD
Please answer this question in its entirety
FACTS: Mary Sue Walton sued Sam Smith. Mary Sue seeks to introduce certain evidence to make her case against Sam. Sam's attorney objects to the introduction of the evidence, and the trial court does not allow May Sue's evidence to be submitted. Mary Sue loses at the trial level and appeals. HOWEVER, In the appellate court, Sam's attorney argues that the appellate court cannot consider the admissibility of evidence. Sam's attorney says that trial judges only review errors of law at the trial court level--not errors of fact.
ISSUE: Advise if appellate courts review a trial judge's decision to admit or not admit a particular piece of evidence? (be specific)
* In other words, state specifically if the trial judge make an error when s/he would not allow Mary Sue to introduce her evidence into the trial court.
* To answer this properly, determine whether admissibility of evidence a matter of law or a matter of fact.
* State whether or not appeals courts consider matters of law or matter of fact. Then, find/ STATE the rule regarding the admissibility of evidence.
* Then, provide analysis section to discuss the rule in the context of the admission of evidence.
ISSUE (given to you this in the question that is bold.)
* Specify the RULE,
* Specify the ANALYSIS
* Specify the CONCLUSION.
*** Be sure to specify the Rule as to what appeals courts rule on and what trial judges rule on. Then for Analysis Apply the Rule to the Facts given. Then state the Conclusion to the Issue stated.
