16. Prosecution of Dr. Taconis for arson. To prove the fire was set intentionally, the...
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16. Prosecution of Dr. Taconis for arson. To prove the fire was set intentionally, the prosecution calls Jay Leiner, a police arson investigator who has served in that capacity for ten years after spending several years as a beat officer. Jay Leiner never attended college and had no special schooling in arson investigation, but learned investigative techniques from a senior investigator with whom he worked for two years. From echniques learned through this experience, Leiner spoke with eyewitnesses who saw the fire at various stages, and concluded from that information as well as his own investigation of the fire scene that the fire was set intentionally Which of the following objections to Leiner's testimony is the court likely to sustain, if either? A. Leiner is not a qualified expert Leiner's testimony about the cause of the fire should be excluded as inadmissible hearsay The court is likely to sustain both of these objections. The court is likely to rule that it does not matter anyway because Dr. Iacons is a known arsonist. B. C. D. E. None of the above 17. Tom worked for a messenger service owned by Dalton. While Tom was driving a Dalton-owned vehicle on business in Miami, he hit and injured Pedro, a pedestrian who resides in Alabama. Pedro brought a diversity action against Dalton in federal court in Florida on a theory of respondeat superior. Personal service was properly made under FRCP 4(2) on Dalton, a Florida resident. Dalton now wishes to implead Tom as a third- party defendant (if Dalton is held liable to Pedro, Dalton will be entitled to indemnity from Tom). Tom is a resident of Puerto Rico and lives in San Juan, a two-hour flight from Miami. Dalton caused a licensed process server to serve Tom personally at Tom's house in San Juan. Assume that Florida has no long-arm statute allowing state court jurisdiction over any defendant who cannot be physically found within Florida. Does the Florida federal court have personal jurisdiction over Dalton's third-party claim against Tom? A. Yes, because Tom was a third-party defendant who was served within 100 B. No, because there is no Florida long-arm statute that would authorize state C. D. Yes, because Pedro, Dalton and Tom are all citizens of different states miles of the federal courthouse court jurisdiction over Tom Yes, because service was properly made on Dalton within Florida, the state or district where the federal suit is pending E. None of the above
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