Evidence-Wellborn SU2006 Outline

Adoptive admissions rule 801d2b covers so called

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Unformatted text preview: ut in principle if it's a party admission the court shouldn't even let the word reliability or unreliable be said! Court in Jewell recognizes that admissions of a party-opponent are not about reliability...awfully hard to get these things excluded under the 403 balancing test! Just has to do with the adversary system: Admissibility of statements of a party-opponent is grounded not in the presumed trustworthiness of the statements, but on "a kind of estoppel or waiver theory, that a party should be entitled to rely on his opponent's statements." These two cases illustrate that it's not reliability but that you said it..and you have to live with it!! Krajewski v. Western Statements that a wife makes about her husband during divorce proceedings are not circumstantially reliable but it doesn't matter!!! She said them, so they may be used against her!! Highways v. Ward o Statement that his land was not worth as much as the government thought it was clearly not a reliable statement, he's got money in mind...and he low balls it....doesn't see that the state wants it as land for a highway or a park...this low balling now works against him, he gets payment based on his estimate. Doesn't matter that his statement was circumstantiall...
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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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