Evidence-Wellborn SU2006 Outline

But suppose that the document wasnt originally

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Unformatted text preview: low anybody to do that by anybody else. Payee is not part of the treasury department so you have double hearsay this is the problem!! Johnson v. Lutz = auto accident case proponent wanted to get in the police report by the investigative officer who came to the scene. Police report = clearly a business record. Some of what was in the reports were facts that the officer he himself observed...but also put into the report statements made by witnesses to him at the scene about what happened. All of these things are being offered for their truth. Johnson v. Lutz (NY court of appeals) court, ain't buying it. They said no, if the only person with personal knowledge of the facts is a "volunteer" or an "outsider" than it's a policy analysis. Then the rationale for reliability isn't there. <== Reliability theory for 803(6) exception is that the enterprise and those working there have a powerful incentive that the record be accurate, because they are going to rely on these records for business purposes (not litigatio...
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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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