217k views
1 vote
Directions: Complete Exercise 9.3 in Into into Paralegalism by William P. Statsky

Examine the following four situations. Discuss the relevance of the evidence indicated and what the evidence proves and does not prove.

- Mrs. Phillips is being sued by a depoarment store for the cost of a gas refrigerator. Mrs. Phillips claims that she never ordered and never received a refrigerator from the store. The attorney for Mrs. Phillips wants to introduce two letters: (1) a letter from Mrs. Phillips'a landlord stating that her kitches is not equipped to handle gas appliances and (2) a letter from another merchant stating that Mrs. Phillips bought an electric refrigerator from him a year ago.

User Shazinltc
by
9.0k points

1 Answer

3 votes

Final answer:

The evidence introduced by Mrs. Phillips' attorney includes a letter from her landlord indicating her kitchen's incompatibility with gas appliances and another letter confirming her purchase of an electric refrigerator. While indicative of her preferences and circumstance, these documents do not directly disprove the store's claim but support her credibility. For a stronger defense, additional evidence that directly counters the claim may be required.

Step-by-step explanation:

The question posed relates to the relevance of evidence in legal proceedings and what it can prove or disprove regarding Mrs. Phillips' ownership of a gas refrigerator. In the situation where Mrs. Phillips is sued by a department store for a gas refrigerator she claims she never ordered or received, her attorney's decision to introduce two letters as evidence is strategic.

The first letter, from the landlord, attests that her kitchen is not equipped for gas appliances, indirectly supporting her claim of never ordering a gas refrigerator. The second letter from another merchant indicating her purchase of an electric refrigerator a year ago also supports her claim, as it shows her choice of appliance does not align with the store's claim. However, while these pieces of evidence support Mrs. Phillips' credibility, they do not provide direct evidence that she did not order or receive the gas refrigerator from the suing store. They support her defense but do not conclusively prove it.

When examining the relevance and weight of evidence, it is essential for legal professionals to present information that can both advance their argument and withstand scrutiny, demonstrating the true or probable nature of the matter in question. Evidentiary challenges in law often revolve around addressing questions of admissibility, reliability, and sufficiency, aiming to build a persuasive case. The inclusion of letters from third parties in Mrs. Phillips' case serves as character evidence and circumstantial evidence pertaining to her capabilities and choices but falls short of a direct refutation of the store's claims. To further bolster her defense, Mrs. Phillips' attorney might seek additional evidence that can directly contradict the store's records or testimonies that link her to the gas refrigerator purchase.

User Skodsgn
by
8.0k points

No related questions found