Evidence-Wellborn SU2006 Outline

Grandfather case palmer v hoffman railroads routine

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Unformatted text preview: elied upon it, provided that circumstances support the trustworthiness of the document: Party tries to enter a document as a business member of enterprise A and the only testifying witness is the custodian of enterprise A. But suppose that the document wasn't originally created by Enterprise A but rather by Enterprise B. So maybe it was an invoice created by a seller and the buyer who is sponsoring the purchase, retains it in its records. Is it a business record of the party who didn't create it but rather retained it. Yes, if two things are shown: o That the incorporating entity procures and keeps the record in the normal course of business o Entity shows that it relies on the accuracy of the incorporated record in its business. SCHEERER v. HARDEE'S FOOD SYSTEMS, INC. [Records of Regularly Conducted Activity] Facts: Plaintiff falls in Hardee's parking lot. Plaintiff claims she fell because the Hardee's lot was wet/oily/not well lit. Hardee's claims she fell because of the sole of her sh...
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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 at Austin.

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