Concepts abounding and related questions

This is a little about the impeachment proceedings. It is more about interesting ideas for making up bar exam questions.

Extrinsic fraud: Is ‘the little lady’ story extrinsic fraud?

Probable cause vs. speculation or mere suspicion: Who decides probable cause in an impeachment?

‘Stolen’ evidence: If your evidence is weak at the beginning of a case, but ‘stumble into’ good but stolen or leaked evidence during the case, can you win? Yes, according to John Grisham, but then that was a torts case.

Fruit of the poisonous tree: Does this doctrine apply in the case? Can one argue that the doctrine applies only when there is a violation of a party’s constitutional rights? What about statutory rights?

Question of fact: The Supreme Court is said to be not a trier of fact. But isn’t the gravity of abuse of discretion a question of fact? Is certiorari on ‘gravity’ an occasion when the SC decides a question of fact?


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