Evidence-Wellborn SU2006 Outline

Lay witness may state an opinion or inference only if

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Unformatted text preview: by cross-examination! Notes: Courts (Texas AND Florida) both conclude that accidents are not a transaction. (Do not involve mutuality or concert of action) (Somebody who was trying to preserve the purpose of the statute would not find this way). o Courts construed the statute narrowly .....dead man's statute also thwarts some meritorious claims (as well as fraudulent), so the court's try to find wiggle room wherever it left them. o What's happened recently = many jurisdictions completely repealed the statute, often in conjunction with adopting a code based on the federal rules of evidence...other states retained it in a much diminished form (Texas and Florida) ....no longer including testimony about transactions but limiting this to oral statements....Texas allows even for oral statements if there is corroboration. FRE does not have a dead man's statute!!! Right? Can testify about any transaction or communication between a witness and a person deceased so long as it is admissible per the rules of evidence! FRE...
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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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