Evidence-Wellborn SU2006 Outline

Applies only during marriage the non communicating

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Unformatted text preview: ue: Should the case have gotten to the jury? Holding: No. The admissibility of evidence other than the original depended on the fulfillment of a condition of fact (that the original not have been destroyed in good faith), and the trial judge makes the determination of the condition of fact. Since admissibility of the reconstructions was dependent upon a finding that the originals were not lost or destroyed in bad faith, the trial judge properly held the hearing to determine their admissibility! Notes: If the defense had taken the position that these drawings were never made, that's a jury question (issue a in FRE 1008).... So, they don't take the position that they never existed, rather they say you destroyed them in bad faith and that's a judge question...and the judge wants to get rid of this case too, and so he says, yeah, I find there were originals and Seiler destroyed them in bad faith, therefore secondary evidence is not admissible, therefore you have no evidence, SUMMARY JUDGMENT. Chapter Eight:...
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