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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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FACTS: In a civil action for damages arising from a service contract, P sues D. The witness is B, a long-time business associate of D who would stand to gain a substantial share of profits if D prevails. B testifies that the service contract was properly formed and that the invoices are genuine. There is no order disqualifying B, and she is not shown to be legally incompetent. (a) State the controlling doctrine on disqualification of witnesses on account of interest or relationship. Is B disqualified per se, or is her testimony admissible but subject to caution and possible corroboration? (b) Apply the doctrine to B’s testimony: Is her testimony about the contract and the invoices admissible? What weight should the court give to her testimony, and what corroborating evidence would be necessary to prove the service contract and the damages?

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Clara

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