Evidence-Wellborn SU2006 Outline

O when you get to the outsider or volunteer they dont

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Unformatted text preview: arly conducted activity. They are double hearsay! Intended payees are outsiders of secret service business. Outsider's statements must fall within another hearsay exception to be admissible because it does not have the presumption of accuracy that statements made during the regular course of business have. Intended payees were not acting in the regular course of business and their statements do not fall within any other hearsay exceptions; therefore the forms were inadmissible to prove that the payees did not receive the checks and did not authorize D to possess them. If the issue were relevant however, the forms would be admissible to show that they were in fact filed, which is in the firsthand knowledge of Treasury Department officials. Notes: Have to prove that Baker illegally obtained and illegally negotiated these social security checks. Not enough to show that the signature of the endorsement isn't that of the payee because, the recipient is impaired, and so maybe they have their daughter sign the name and so that's not a fraudulent negotiation. Form in issue: Submitted by the payee, the form says, it's executed by, and submitted by the treasury in order to get a new check. I didn't authorize the check nor did I al...
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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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