Evidence-Wellborn SU2006 Outline

Bc if it is an important matter there is automatic

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Unformatted text preview: upport a jury finding that the offered item is what the proponent claims. Function of the judge is merely to determine whether a prima facie case of genuineness has been presented, not to decide the actual issue of genuineness. o Example: Kotsimpolous court excluded evidence of Carver's threat that he was going to make Kostimpolous lose his job; evidence was held irrelevant because motive doesn't get off the ground without opportunity (all the evidence negated opportunity). Change this to a hypo: Kotsimpolous has some evidence of opportunity on the part of Carver, logically because those two are mutually contingent (opportunity is irrelevant without motive and vice versa), party has to put evidence of both factors in. When that party who has promised connecting evidence rests, then the opponent must preserve that objection of irrelevance or then it is waived. Um what? Defense wants both of these pieces of evidence before the jury...jury should be able to determine the relevancy of these pieces of evidence...
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