Evidence assignment law

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Please answer question (B)

Max is on trial for shoplifting from a store. He was caught outside the store with the unpaid item in his shopping cart. During his case in chief Max testified that he had merely forgotten the item was on lower shelf of his shopping cart and he had inadvertently neglected to pay for it. During cross examination by the prosecutor, Max was asked whether he was arrested three years ago because he had written a “bounced” cheque at the same store. Defence counsel objected saying that the charge had been dismissed. How should the judge decide on the admissibility of the evidence? Discuss.

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Assignment No. 2 (Character Evidence) Instruction: Answer either A or B only. A. Ralph Patel is charged with murder. The victim, Stephen Dale, was shot and a 38 caliber bullet was removed from his body. Patel was arrested two days after the shooting and his house was searched. During the search, a dozen handguns (an AK7 and 3 rifles with sniper scopes) were found. None of the guns, however, match up with the bullet that was taken from dale’s body. In a pre-trial motion, the defence has moved to exclude the evidence of the guns found in Dale’s house. How should the judge decide on the admissibility of the evidence? Discuss. B. Max is on trial for shoplifting from a store. He was caught outside the store with the unpaid item in his shopping cart. During his case in chief Max testified that he had merely forgotten the item was on lower shelf of his shopping cart and he had inadvertently neglected to pay for it. During cross examination by the prosecutor, Max was asked whether he was arrested three years ago because he had written a “bounced” cheque at the same store. Defence counsel objected saying that the charge had been dismissed. How should the judge decide on the admissibility of the evidence? Discuss.
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