Evidence-Wellborn SU2006 Outline

In criminal cases factual findings resulting from an

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Unformatted text preview: ed at trial. In the absence of any evidence about the source of that information, we cannot test its reliability or trustworthniess. In addition, the incident report was inadmissible as a business record under FRE 803(6) b/c it had been prepared in anticipation of litigation." Notes: Even if you make out all the elements, if the judge thinks it is untrustworthy it may be excluded for example, created in anticipation of litigation. Grandfather case: Palmer v. Hoffman railroad's routine practice after every accident to prepare a report on a form, and everyone whose input gets put on the record is part of the corporation. There was nothing then in the federal business record statute to call the admissibility of this into question. But the Supreme Court said, not admissible. Policy interpretation unaided by text of a statute: This doesn't partake of the theory of reliability. This document was created for the business of litigating, was not a record for the purpose of railroading. o If they are not going to rely on this record for railroading bu...
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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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