Evidence-Wellborn SU2006 Outline

Admissions by accused in criminal cases statements by

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Unformatted text preview: exceptions for statements offered against a party opponent in the following situations. A = individual o Party opponent made the statement in either an individual or representative capacity B = adoptive o Party opponent has manifested an adoption or belief in its truth C = agency relationship o Statement by a person authorized by the party to make a statement concerning the subject. D = adverse agency relationship. o Statement by the party's agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship. o Modern law, by the time of the federal rules being written, had moved in many jurisdictions to this broad concept. o Kind of like the idea of respondent superior makes the evidentiary responsibility co-extensive with the substantive responsibility, so when you object to your servant's statement that concerns your servant's employment (even in unauthoritzed) it can be brought in. He's your guy..his words are coming at you!! E = co-conspirator statements o Statement by a co-conspirator of a party dur...
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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.

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