Tommy "Two Toes" D'Natalia has a certified public accountant (CPA). He has been using his accountant to wash ill-gotten gains through his racketeering. The SAC has a subpoena for the CPA. D'Natalia is claiming privileged communication with his CPA, and it prohibits the accountant from testifying.
Luigi "the Pipe" Cardone heard through the "grapevine" that Big Sal Salvatore has been telling everyone how he was told by Frankie "the Lip" Bonnano that Freddie "Fingers" Malone was murdered by his wife Slippery Sally Genovese-Malone. Cardone wants a deal to testify against Slippery Sally.
Lawrence 'Lucky' Livorno drove the getaway car for a jewelry store heist. Bertram "Bugsy" Bertoli and Little Carmine D'Angelo went in and robbed the store. During the robbery, Bertoli shot and killed the store owner. D'Angelo and Livorno both want to testify to avoid the death penalty.:
Which testimony is hearsay and likely to be inadmissible?
Which testimony is privileged communication and which is not?
Identify how the "Best Evidence Rule" functions in relationship to the witness testimony being proffered.
Hearsay testimony is inadmissible because it is a statement made by a witness out of the realm of court, and the opportunity to cross examine the person who made the statement cannot be accomplished. Therefore, the statement made for evidentiary purposes is inadmissible.
Privileged communication is a conversation in the context of a protected relationship. Relationships such as Attorney/client, ...
This solution provides a brief explanation for the hearsay, privileged communication, and best evidence rule. It is situated so as to allow the student to effectively evaluate different sections of a scenario to determine the applicability of each rule to each section. It broadens the students scope of inquiry and allows for more investigation.