• I am scheduled to appear in court next week for jury selection in a case in which one of the attorneys is my first cousin. That means I’m automatically
disqualified – right?
Again this is an example of one of those things everybody knows that ain’t so and no, your disqualification is not automatic. The attorneys and
judge will question you about any bias and then your ability to serve will be evaluated.
My former partner and I once had a case against a small municipality in the area and the city attorney’s mother was on our panel. When we moved
to disqualify her the judge, as he should, questioned her about that relationship and if it would influence her decision as a juror and, believe it or not,
she made the statement that it didn’t matter to her if her son won or lost. We actually had to use one of our pre-emptory strikes to remove her from
the panel.
After jury selection was complete, my partner went up to the other attorney and said, “You know I really feel very sorry for you. My mother would
care if I won or lost.”
• I am the defendant in a personal injury case and I have recently learned the plaintiff intends to introduce evidence that I promised him I would pay
his medical bills. That is not admissible because it is hearsay – right?
Once again, no. The actual definition of hearsay is very complicated and there are so many exceptions they have virtually swallowed the rule.
Chances are that statement would be allowed into evidence as an admission by a party against interest. Hearsay objections make good t.v. but rarely
result in the exclusion of evidence that common sense tells you the jury should hear.
• I am traveling on a four-lane highway and in the right-hand lane is a school bus that keeps stopping to discharge passengers. Since it’s a four-lane
road I can simply go ahead and pass even if he has his stop-sign activated – right?
Not if the highway is accessible by pedestrian traffic from either the right or the left, i.e. there is not a guardrail or median. Since, in your case,
the bus is stopping to discharge passengers, then by definition the highway is pedestrian accessible. Remember, that bus is carrying a very valuable
commodity – our children and their lives are certainly worth much more than a few minutes of your time.
It may not seem so at times, but generally legal principles are just plain good ol’ common sense. When I was a young lawyer, a judge told me once,
“If you’re not sure about the law, just do what’s right and nine times out of ten you won’t be wrong.”
Please keep those questions coming and keep in mind that on Tybee a $3.00 cab ride is the cheapest DUI you’ll never get.
Located Behind the Pier & Pavillion
Amenities
All Condos Include
912-447-5080 Tybrisa.com
TYBEE BEACHCOMBER | NOV 2019 33
Only Timeshare on the Coast of Georgia
Own a Timeshare at the Beach Today!
/Tybrisa.com