Evidence-Wellborn SU2006 Outline

Notes general situation you have an accident case o

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Unformatted text preview: les don't contain any direct exclusion for this type of evidence, our former law of per se exclusion has been wiped out and we focus only on 401 403. Notes: General situation - you have an accident case o usually the plaintiff wants to show that there has been other similar accidents caused by the situation that the defendant was engaged in (same principal, same instrumentality, same situs) o Usually the defendant wants to say, look we're safe, we've done this a million times and nothing's ever happened. How to deal with the occurrence of other accidents two common law approaches o Flat rule of exclusion on information of other accidents (Maine see Simon v. Kennebunkport) Per se rule of exclusion o Balancing test (Texas) Flexible approach. Maine says since we've adopted new rules (since common law) and since these rules don't contain any direct exclusion....our former law of per se exclusion has been wiped clean..we focus only on 401 or 403 these are our rules! Striking thing about the case: Facts are unusually str...
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