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#T3BE - Early Answer for Patrons (Patreon)

Published:
2021-05-10 23:00:02
Imported:
2021-05

Content

Thomas's Second-Chance Law Firm got this exactly right, narrowing to to (B) or (D), but unfortunately, both Thomas and the coin got this wrong, picking (D) instead of the correct answer, (B).  Thomas is now 117-for-226 (51.8%), but at least he's kicking the coin's ass, which is now 0-for-2 (0%).

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Comments

Anonymous

I'm not going to pretend I knew the right answer, but after hearing Andrew explain it, it makes sense to me. In a civil trial, the attorney(s) for Company X don't know the business side, so they get a representative from that business that knows about whatever is relevant to the case, like a department head or CFO. This is essentially what Andrew explained. In regards to criminal cases, the government's prosecutor is kind of equivalent to Company X's attorney. Therefore, as the Federal Rules of Evidence state (per Andrew): "an officer or employee of a party that is not a natural person, after being designated as the party’s representative *by its attorney*" The prosecutor is the government's attorney, so they are allowed to appoint a representative, even if that representative is an officer or employee of the government. I 100% understand how it can be problematic (the representative who is also a witness tailoring their testimony), but I think this is just a deficiency in how it's written.

Anonymous

"The law firm of Smith & Coin: at least one of us will almost always be right."