A hospital orally retained an architect on March 1, 2026, to supervise a renovation "from April 1, 2026 through September 30, 2027" for $18,000 per month. The architect began work immediately. Two weeks later, the hospit...
Citations: Restatement (Second) of Contracts sections 110, 131, 132, 130
A hospital orally retained an architect on March 1, 2026, to supervise a renovation "from April 1, 2026 through September 30, 2027" for $18,000 per month. The architect began work immediately. Two weeks later, the hospit...
Citations: Restatement (Second) of Contracts sections 110, 131, 132, 130
A plaintiff in federal court seeks notes from confidential sessions with a licensed psychotherapist. Federal privilege law governs. What is the best statement? There is no federal psychotherapist-patient privilege. The n...
Citations: Federal Rule of Evidence 501, Federal Rule of Civil Procedure 26(b)(3)
...ice manager with evidence that he was fired for falsifying inspection notes. The court asks the parties to separate hearsay objections from other evidence objections. Analyze the hearsay and related admissibility issues...
Citations: Federal Rule of Evidence 801(d), Federal Rule of Evidence 806, Federal Rule of Evidence 403
...A month later, company counsel interviewed the same witnesses, wrote notes evaluating their credibility, and emailed the risk manager legal advice about settlement exposure. The witnesses now say they do not remember im...
Citations: Fed. R. Civ. P. 26(b)(3), Fed. R. Civ. P. 26(b)(5), Fed. R. Evid. 502, Hickman v. Taylor, Upjohn Co. v. United States
...A month later, company counsel interviewed the same witnesses, wrote notes evaluating their credibility, and emailed the risk manager legal advice about settlement exposure. The witnesses now say they do not remember im...
Citations: Fed. R. Civ. P. 26(b)(3), Fed. R. Civ. P. 26(b)(5), Fed. R. Evid. 502, Hickman v. Taylor, Upjohn Co. v. United States
...treatment of any employee who complained to human resources; and all notes prepared by company counsel after interviewing employees once litigation was threatened. The employer objected that the requests were overbroad...
Citations: Fed. R. Civ. P. 26(b)(1), Fed. R. Civ. P. 26(b)(5), Fed. R. Civ. P. 26(c), Fed. R. Civ. P. 34(b)
...treatment of any employee who complained to human resources; and all notes prepared by company counsel after interviewing employees once litigation was threatened. The employer objected that the requests were overbroad...
Citations: Fed. R. Civ. P. 26(b)(1), Fed. R. Civ. P. 26(b)(5), Fed. R. Civ. P. 26(c), Fed. R. Civ. P. 34(b)
...al records, patient interviews, and a non-testifying technician's lab notes. Experts in the field reasonably rely on those kinds of materials. The opposing party argues the opinion is inadmissible because some basis mate...
Citations: Federal Rule of Evidence 703
...nd on a nonparty fitness app company. The subpoenas requested therapy notes, appointment records, daily step counts, and location data for the six months before and after the fall. The subpoenas commanded production at t...
Citations: Fed. R. Civ. P. 35, Fed. R. Civ. P. 45
...nd on a nonparty fitness app company. The subpoenas requested therapy notes, appointment records, daily step counts, and location data for the six months before and after the fall. The subpoenas commanded production at t...
Citations: Fed. R. Civ. P. 35, Fed. R. Civ. P. 45
...clears." Buyer's employee testifies that she saw Seller write similar notes during prior negotiations and recognizes the unusual initials Seller used at the bottom. Seller objects that all three exhibits are unauthentica...
Citations: Federal Rule of Evidence 901(a), Federal Rule of Evidence 901(b)(1), Federal Rule of Evidence 901(b)(4)
...government also subpoenas Defendant's licensed therapist for therapy notes about anxiety over the investigation and subpoenas Defendant's family physician for ordinary treatment notes about blood pressure. Defendant obj...
Citations: Federal Rule of Evidence 501, Jaffee v. Redmond, Trammel v. United States
...al privilege law, a party objects to production of ordinary treatment notes from a family physician, relying only on a general physician-patient privilege. Which answer is best? The objection should be sustained because...
Citations: Federal Rule of Evidence 501, Federal Rule of Civil Procedure 26(b)(3)
...inuances occur because the prosecutor repeatedly fails to produce lab notes that the court ordered disclosed. The final continuance occurs after the prosecutor transfers to another unit and the new prosecutor asks for ti...
Citations: U.S. Const. amend. VI, Barker v. Wingo, Strunk v. United States
...uth purpose or another route to admission. Admit it because anonymous notes are never statements. Admit it only as machine-generated data. This item tests disguised truth use. Federal Rule of Evidence 801(c), Federal Rul...
Citations: Federal Rule of Evidence 801(c), Federal Rule of Evidence 403
...not know litigation was likely. Second, Plaintiff offers a witness's notes about a repair contract held by an out-of-state contractor who refused to produce it despite a subpoena that could not be enforced in that juris...
Citations: Federal Rule of Evidence 1004
...spoiled before delivery, and Omar discarded the trucker's temperature notes. Prairie Farms sues Omar for breach of agent duties. Analyze whether Omar breached the duty to obey instructions, whether any emergency exceptio...
Citations: Restatement (Third) of Agency secs. 1.01, 8.01, 8.02, 8.03, 8.05, 8.08, 8.09
...ays, and the jury deliberates for two full days. The jurors send four notes saying they are hopelessly divided. After questioning the foreperson, considering an additional instruction, and hearing from counsel, the judge...
Citations: United States v. Perez, Arizona v. Washington, United States v. Dinitz, Oregon v. Kennedy, Richardson v. United States
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