Evidence-Wellborn SU2006 Outline

Secondary purpose is to permit the trial judge to

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Unformatted text preview: ound, leading, could readily have been remedied by rephrasing the question, whereas by erroneously sustaining the hearsay objection the trial court imposed an insurmountable barrier! o If the tenable objection is surmountable and the untenable objection is insurmountable than there might be prejudice. SEE NOTES, WILL BE ON EXAM, 2ND QUESTION Specificity has different components: o Specific ground for objection o Needs to be specific as to grounds, parts, parties, purposes sometimes part of the evidence will be inadmissible and part will be admissible. Sometimes it will be admissible against party (a) but inadmissible against party (b) (limited admissibility)...sometimes part of a document will be admissible and some parts inadmissible, or only admissible for a limited purpose. Hypo: Overbroad document brought in followed by an overbroad objection Judge cannot go wrong here (Ruling will always be affirmed on appeal) Judge says let it in, on appeal the court will affirm: "Your objection was too broad. Should have sliced it up." Judge says let nothing in, on appeal the...
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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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