Evidence-Wellborn SU2006 Outline

Hearsay under common law federal rules of evidence

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Unformatted text preview: have testamentary capacity when he made the will? Wright trying to admit evidence that Marsden was competent addressed Marsden as one that would competently understand this information. Offered to introduce into evidence letters to the testator from certain absent individuals on various business and social matters. Purpose of the offer was to show that the writers of the letters believed the testator was able to make intelligent decisions concerning matters and thus was competent. The letters here were outcome determinative there were two trials ultimately, one in which the letters were admitted and the jury found that Marsden was competent and the others in which the letters were excluded and the jury found that Marsden was not competent. Question were the letters properly excluded as hearsay? Common Law: If you have words out of court that are offered to prove the declarant's matter of opinion on an issue, the form of expression shouldn't make any difference... (whether it is verbal assertive, implied assertion, nonverbal assertion etc.) Whether it's word or conduct offered for the t...
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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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