Please analyze the following fact pattern, and comment on its admissibility under the Federal Rules of Evidence. You should be exhaustive in your analysis, and should discuss every proposed piece of evidence. The fact pattern is as follows:
This is a civil lawsuit. You are accused of destroying several pieces of property, along with a co-conspirator, while at a local bar on the previous Friday. You don’t remember any such thing happening. Opposing counsel has several pieces of evidence that she is trying to introduce:
A picture of you in the night in question, in which you are wearing your underwear on your head;
Testimony from your friends that you like to party hard (or, as they would say, go “Ham.”)
The testimony of the bartender, who recently spoke with your co-conspirator, and will testify that she said “Last Friday night, yeah, we danced on tabletops, and we took too many shots, think we kissed but I forgot, last Friday night, yeah, we maxed our credit cards, and got kicked out of the bar, so we hit the boulevard, last Friday night, we went streaking in the park, skinny dipping in the dark, then had a ménage à trois, last Friday night, yeah I think we broke the law, Aalways say we're gonna stop, Op-oh-oh.”
