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A Totally Real Exam Question

Extra practice before you enter this exam season

It’s spring again and the sun is (starting to) shine down on Jackman Hall. Remember to take a break from outlining and get outside for a little walk—but before you do, try your hand at this practice exam question. This question has been personally vetted by us and we can confirm that it’s a totally real exam question and definitely not based on any UV editors’ life experiences. Definitely not. What—have you heard otherwise? From whom?

Evidence Law

After publishing an ultra popular article in UV that some classes were sleep-inducing, 2L Diversions authors Felix and Annie were not seen in school for several days. When several weeks later they still didn’t appear, they were officially declared missing persons in the province of Flavelle. 

Although there were many people who wanted these authors off UV, some were more suspicious. Campus police collected a series of statements from multiple student witnesses who knew the two missing persons and were on campus at the time. Eventually, Simran Daumguy was arrested for kidnapping. Unfortunately, none of the students will be available to testify since the trial will be taking place during the April exam period. 

Below are the statements the defence counsel is attempting to introduce at trial to cast doubt on the identity of the perpetrator:

Priscilla: “Annie and Felix both told me that Professor John from Securities Regulation said he really wanted to meet with them.”

Terun: “I don’t know why police are even investigating this, those two are actually Osgoode students—they don’t even go here.”

Sherry: “Those two aren’t even good writers, I heard the Editors-in-Chief of UV wanted them gone.”

Dr. Reel: “I am an expert in 2L student culture. Drawing from my numerous peer-reviewed research articles, I can confirm that they left Flavelle by choice.”

Would any of these out-of-court statements be admitted in court under a traditional hearsay exception? What other exclusionary rules would apply? What are the chances Felix and Annie will get justice? Discuss.

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