Evidence-Wellborn SU2006 Outline

Therefore in these instances the transaction can only

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Unformatted text preview: eversible error, because actual use proved to be an abuse of the ruling. Chapter Seven: Contents of Writings, Recordings, and Photographs (The "Best Evidence Rule") The "Best Evidence Rule" Article X Introduction; Definition of "Writing" [FRE 1001(1)] FRE 1001: Definitions. For the purposes of this article the following definitions are applicable: Writings and Records. "Writings" and "recordings" consist of letters, words, or numbers, or their equivalent, set down by typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation. Definitions must be read in conjunction with other rules in Article 10 which employ the defined terms and thereby give legal significance. Ex: Rule 1002 states the basic evidence rule, that ordinarily the "original" (defined in Rule 1001(3)) of a "writing" (defined in Rule 1001(1)) is required in order to prove its content. Writings: Under Rule 1002, the original writing is demanded, as at common law, only when a party seeks to prove the content of it!! Many tim...
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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.

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