Evidence-Wellborn SU2006 Outline

Example the statement at issue is paradigmatic

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Unformatted text preview: l acts = words that are an endpoint of a factual inquiry once we know those words were said it means something without further ado. o DOESN'T MATTER WHETHER THEY ARE TRUE!! VERBAL ACTS HAVE NO TRUTH OR FALSITY! Saying it makes it so!!! Second holding Court refusing to permit defendant to prove what the tenant told the bank officials at the time of the sale as to who owned the corn. Words here have truth or falsity...saying it doesn't make it so! It wasn't so...it was a lie, according to the jury! o Saying that "I owned all of the corn" doesn't necessarily make it so!! Was an out of court statement offered to the truth of the matter asserted! More notes on verbal acts: One common type of nonhearsay statement is usually referred to as a "verbal act" or "operative fact": a statement the making of which has substantive legal significance. IT is well established that statements which may themselves affect the legal right of the parties are not considered hearsay. If th...
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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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