Evidence-Wellborn SU2006 Outline

Trial court excluded the note the statement and the

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Unformatted text preview: ntents of the out of-court statement shall be considered but are not alone sufficient to establish the existence or the scope of the declarant's authority or agency or employment relationship. MAHLANDT v. WILD CANID SURVIVAL & RESEARCH CENTER, INC. [Hearsay Exceptions Statement by a party opponent: Agent or Servant FRE 801(d)(2)(D)] Facts/Procedural Posture: Civil action for damages arising out of an alleged attack by a wolf on a child. Kenneth Poos, director of education for the Wild Canine Survival and Research Center had been keeping her at his home because he was taking Sophie to schools and institutions where he showed films and gave programs with respect to the nature of wolves. Clarke Poos, 17 years old, had been returning from his friend's home when he heard a child's cries and saw the wolf straddling a 3 year old boy. Daniel's mother claim that Clarke ran to get her and said: "A wolf got Danny and he is dying" Clarke denies the statement. Within an hour after he got home, Mr. Poos put a note on his boss' office saying: S...
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