Evidence-Wellborn SU2006 Outline

All focusing on the lying danger if a person is

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Unformatted text preview: your job area in some manner. o Whereas under e, the co-conspirators casual talk to others doesn't cut the muster because that is not in furtherance of the conspiracy...so it's a more restrictive doctrine than the employment category! How should these five facts be established? Bourjaily court decided this right it is up to the court, has to be shown by a preponderance of the evidence. Bootstrapping rule doesn't make sense rule that you can't consider the hearsay evidence unless you have already established that there is a conspiracy...doesn't make any sense. Bourjaily doctrine = relatively rational. Note: Texas has an additional "statements which are not hearsay" provision Depositions in a civil case In a civil case, a deposition taken in the same proceeding is not hearsay. Unavailability of deponent is not a requirement for admissibility! RULE 803: HEARSAY EXCEPTIONS; AVAILABILITY OF DECLARANT IMMATERIAL Rule 803 lists 23 exceptions to the hearsay rule that may be invoked without regard to whether the declarant is available to testify. There are categories of hearsay that we may say are cut of the mill so that those types of hearsay are more reliable and so we can say that the...
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