Evidence-Wellborn SU2006 Outline

O house wanted liberal rules senate wanted

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Unformatted text preview: House wanted liberal rules, Senate wanted conservative rules...liked what the advisory committee did. o Ended up with two bills and then had to compromise!! Middlegroud sometimes resulted in a rule that was not a rule that any would want; not a rule that any rational person would support! Most states have now adopted evidence codes using the federal code as a model. o Texas had a bifurcation of evidence doctrine depending on whether you were dealing with a civil or a criminal case: Texas Rules of Civil Evidence adopted in 1983 Texas Rules of Criminal Evidence adopted in 1986 These two rules merged in the late 90's Note: Wellborn thinks the merger was a bad idea! What Went into the Codes? Basically a codification of existing common law evidentiary principles. Every re-writing or reform in evidence law has tended to move towards more admissibility less technicality, less restriction LET THE LIGHT COME IN! o In civil cases, greater admissibility is a bit of a standoff (Ex: Poor plaintiff versus corporate defendant in tort case) Plaintiff has burden therefore more admissibility is good for plaintiffs. Defense h...
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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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