Evidence-Wellborn SU2006 Outline

Texas differs here abolishes the spousal privilege

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Unformatted text preview: ctions of Court and Jury FRE 1008 FRE 1008: Functions of Court and Jury When the admissibility of other evidence of contents of writings, recordings or photographs under these rules depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is ordinarily for the court to determine in accordance with the provisions of Rule 104 (reasonable jury could find by preponderance) However, when an issue is raised a) whether the asserting writing ever existed, b) whether another writing, recording, or photograph produced at trial is the original, or c) whether other evidence of contents correctly reflects the contents, the issue is for the trier of fact to determine as in the case of other issues of fact. *JURY ISSUES Illustration of Issue a: Whether the writing ever existed P offers secondary evidence of the contents of an alleged contract, after first introducing evidence of loss of the original and defendant counters with evidence that no such contract was ever executed. Dispute goes to the jury, because if the judge decides that the contract was never...
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