Evidence-Wellborn SU2006 Outline

Defense has more resources therefore more

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Unformatted text preview: as more resources, therefore more admissibility is good for defendants. o In criminal cases, greater admissibility disfavors the defendant. Plaintiff has the burden and normally has the resources as well. Exceptions: Rare instances where defendants have ample resources (OJ Simpson, Michael Jackson, Enron etc.) General Principles: If state law applies apply state rules of evidence If federal law applies apply federal rules of evidence Chapter One: Relevancy RELEVANCY Article IV Note: Relevancy is the most foundational concept of evidence law. Commercial Outline Notes: Relevancy is the first issue in almost all evidence questions because relevancy is the primary basis for admitting evidence!! TWO RULES TO REMEMBER: 1. Only relevant evidence is admissible 2. All relevant evidence is admissible unless there is a legal reason to the contrary (e.g. hearsay rules, 403 balancing test etc.) STEPS IN ANSWERING A QUESTION CONCERNING ADMISSIBILITY OF EVIDENCE: 1. Determine whether the evidence is relevant. Ask yourself: a....
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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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