You watch Dangerous Liaisons with your girlfriend, and immediately after it finishes this pops into your head:
The Marquise de Merteuil brings a defamation lawsuit against (a) the estate of M. Valmont and (b) the Chevalier Danceny. Recently, it seems, the Marquise has been taken off the most fashionable guest lists and is loudly hissed when she attends the opera.
Both defendants seek to raise a defense of truth. The Chevalier wishes to take the stand and testify that after he had fatally injured M. Valmont in a duel, the latter handed him a tied bundle of letters and exclaimed:
I am dying because I would not believe you. A word of advice, which of course you may ignore, but it is honestly intended, and a request.The advice is: be careful of the Marquise de Merteuil. . . . I must tell you in this affair, we are both her creatures as I believe her letters to me will prove. When you have read them, you may decide to circulate them."
He will further testify that the letters involve a reprehensible series of wagers between the deceased M. Valmont and the Marquise.
Which of the following motions or objections will be overruled by the court?
I. An objection to the statement of M. Valmont, because it constitutes a dying declaration.
II. An objection to testimony on the contents of the letters, unless the Chevalier further states that as the blood on them dried they were rendered illegible.
III. A motion for summary judgment, unless the letters contain accusations of unchastity in a woman or the commission of a crime of moral turpitude by M. Merteuil.
IV. A motion to dismiss because there is no way an American court has ever managed to get jurisdiction over this dispute.
(A) I only.
(B) I and II.
(C) III and IV.
(D) Tony needs a beer. |
I will not attempt an answer.
Comments
Posted by: Dawn | June 25, 2006 5:14 AM