EVIDENCE IIQUESTION 2SPRING 2021Diane is charged with credit card fraud by allegedly taking credit card numbers belonging to customers of a gas station and making fraudulent charges.PLEASE DO NOT...

EVIDENCE IIQUESTION 2SPRING 2021Diane is charged with credit card fraud by allegedly taking credit card numbers belonging to customers of a gas station and making fraudulent charges.PLEASE DO NOT DISCUSS ANY HEARSAY ISSUES WHICH YOU BELIEVE MAY BE PRESENT.At trial, the following evidence was admitted over timely objection.1. A. The Prosecution calls Wally, the owner of Wally’s Gas Station and Minimart, who testifies that he fired Diane and called the police because a surveillance video of the cash register area, in the minimart where Diane worked, showed Diane secretly writing down credit card numbers when customers paid; Wally also testifies that the video showed her smoking a white substance she put in a glass pipe but that he had no idea what that substance might be.B. On cross examination, Wally is asked, “Isn’t it true that the real reason you fired Diane was because you offered her cocaine in order to get her to come to a party at your house but she refused?” Wally denied it. 2. A.The prosecution then calls Diane’s husband, Sherman, who testifies that he and Diane got married in Las Vegas by someone who looked vaguely like Elvis Presley on the strip outside Circus Circus. It was sometime during that evening she told him that their Vegas wedding trip was “compliments of Wally’s customers.”B. He further testifies that he is a licensed psychotherapist who had originally met Diane when she came to him with a “theft problem.” Sherman testifies that after learning more details about Diane from detectives, he has determined, in his professional opinion, that Diane is a kleptomaniac.3.In her case in chief, Diane calls Wilma who testifies that she was a guest at a party at Wally’s house where Wally handed out crack cocaine for everyone to smoke.4.After the jury got the case, the prosecutionmoved for a mistrial with a supporting affidavit from juror #5 who stated that juror #3 slept through deliberations, then woke up and said that in his dream he saw that Diane had not been writing down credit card numbers but was documenting instances of harassment by Wally, Portion of Evidence II FinalTime Suggested: 2 Hours Percentage of Final Grade: 50%Please read the following guidelines carefully:Create a new Word document separate from your essay answers. Title the document MBE ANSWERS After you have decided which of the suggested answers you want to give for a question, write that letter (A, B, C or D) after the question number in your MBE ANSWERS document. For example:1. A2. B3. C4. D5. DEtc. •Read each question carefully.•Do not focus solely on the “Yes” or “No" component contained in many answers. Read the entire answer, as the explanations or qualifiers are important in determining the correct answer.•Answer each question. There is no penalty for guessing, so use any clues you have in choosing an answer.•When you are unsure of the correct answer to a question, first eliminate every wrong answer you c