Evidence-Wellborn SU2006 Outline

nonverbal nonassertive not meaning to convey

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Unformatted text preview: op brought in the defendant under arrest and the husband without saying anything jumped on him and started beating him. Admitted in Texas and FRE over hearsay objection Nonverbal nonassertive third category, motive is not to convey information (i.e. that this man assaulted my wife) rather is to punish him. Hypo: Insurance policy expires at 12:01 am on June 1st. X died around that time...whole issue is whether he died before or after midnight. Plaintiff = beneficiary under the policy...wants to prove that X died before midnight...he was dying at home, terminally ill.. One witness testifies he drove by X's house and there was a black wreath on the door at 11:45 pm Hearsay = nonverbal assertion Black wreath = meaning to convey information, that X was dead. Witness says I was in the living room and I could see through the open door into the room where X was dying under the treatment of a physician and at 11:45 I saw the physician unhooking all the life supports cables... nonverbal nonassertive, not meaning to convey information. Tricky one: Saying he saw a doctor putting a sheet over X maybe not to convey information, maybe just a statement of respect...could go either way. Doctor comes in and there's the family member about to be grieving and he put his hand on her shoulder and says: His last wish was that all of his medical bills be paid. Assertion Implied belief....alot like number 5, I didn't tell him about you. Admissible under FRE, not admissible in Texas. Silence. Silenc...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas at Austin.

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