Assignment 2: Midweek Production Assignment: Evidence Law of Utah

This assignment addresses the issue of witness competency in the state of Utah. Research the issue of competency thoroughly so that you understand the concept before drafting the memo, questions and letter.

Gary moved to April’s house in Utah two years after her divorce with her former husband. April has a 30-year-old daughter, Judy, who has Down’s syndrome. After a year of being together with April, Gary started coming back home drunk. They argued, but Gary, as he said, never remembered anything he said or did while being intoxicated.

April noticed that Judy started behaving different. She did not eat with April and Gary at the same table, and she was spending more time in her room. One night Gary came home drunk again when April was doing the dishes; she heard the noise of someone slamming the door upstairs. She thought something had happened to Judy. When she ran upstairs, she saw Gary sneaking out of Judy’s room with his pants in his hand. April could not make Judy talk.

After a few days, she asked Gary to leave. When April told Judy that Gary would not be coming back, Judy told her that Gary abused her. April wants to sue Gary and wants your office to represent her.

Your lawyer asks you to research the evidence law of Utah at Utah State Courtsand write a 300-500-word memo for internal use. The memo should include methods used in Utah to determine witness competency, focusing on mentally challenged people, in this case Judy. Also, include two cases relevant to the issue on which your lawyer can rely while representing April, and cite the Utah law referring to the cases.

In addition to the memo your lawyer asks you to list 15–20 questions, general as well as related to the alleged abuse, which your lawyer and you would ask Judy during the interview in your office. Remember Judy is a person with Down’s syndrome!

Your lawyer wants to send these questions in a letter to April to prepare her for the case. Draft the letter for your lawyer, and include the questions.

The letter should have proper headings, an introduction, and ending paragraphs.

Facts: April MacFarlane 269 Main Street, Windsor, Utah 34567Michael Kawaski, Attorney at Law 234 Madison Avenue, New York, NY 10016, Tel. 212-666-1541, Fax 646-236-2124

On a separate page, cite all sources according to Bluebook format.

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