Evidence-Wellborn SU2006 Outline

The relation of agency is created as the result of

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Unformatted text preview: re Not Hearsay. A statement is not hearsay if The statement is offered against a party opponent and is (C) a statement by a person authorized by the party to make a statement concerning the subject. Authorized admissions include statements to the principal or employer or to another agent of employee of the principle. KIRK v. RAYMARK INDUSTRIES INC. [Hearsay Exceptions: Statement by a party opponent authorized statements FRE 801(d)(2)(C)] Facts/Procedural Posture: Asbestos-related personal injury action resulted in a jury verdict in favor of plaintiff in excess of two million dollars. At trial, P was permitted to read to the jury the prior testimony of Dr. Burgher from an unrelated asbestos action in 1992 where Burgher had been an expert witness for D. o Burgher had testified that it was possible for mesothelioma to be caused by chrysotile fibers contaminated with tremolite. Kirk was attempting to discredit D's defense that only crocidolite fibers can cause mesothelioma, by revealing to the jury that...
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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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