Evidence-Wellborn SU2006 Outline

E whether it is directed toward a fact within the

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Unformatted text preview: atter properly in issue i.e., whether it is directed toward a fact "within the range of allowable controversy." o Which matters are in issue? Which matters in a case are in issue is determined mainly by the pleadings, the applicable principles of substantive law, and by pretrial orders. Ex: Evidence that D was driving without lights at night, two to ten minutes before the accident (if relevant at all), will go toward D's exercise of due care at the time of the accident, but not of course, to the issue of damages. If however, liability were conceded, and due care was not in issue, the evidence would be immaterial and hence irrelevant! Ex: When P sues D on a written contract, and the only defense pleaded by D is a denial that he executed the contract, evidence offered by him as to a release would be immaterial, and hence irrelevant. o Matters always in issue - Certain matters are always deemed "in issue" even though not raised in the pleadings e.g., the credibility of each witness who testifies. 2) Probativeness The evidence offered must have probative value; it must logically tend to prove the...
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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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