Evidence-Wellborn SU2006 Outline

Of the person testifying as to the statement because

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Unformatted text preview: ot admissible. Chapter Two: Hearsay HEARSAY Article VII There are five categories of how a declarant may manifest her belief. 1. Verbal assertion 2. Nonverbal assertion 3. Nonverbal nonassertive conduct (not hearsay in Texas) 4. Verbal nonassertive 5. Assertion Implied belief Common law said all five of these were hearsay Federal rules only one and two are hearsay Texas rules all but three are hearsay Four Hearsay Problems: Problems in relying on statement made by another person Person who made initial statement might have been lying Person who made initial statement might have been ambiguous Person who made initial statement might have perceived the event improperly Person who made initial statement might have remembered incorrectly Only dealing with problems made by the person initially inserting it: o Lying o Ambiguity/misinterpretation o Perception o Memory does not apply to problems in perception, memory, lying, etc. of the person testifying as to the statement because that person m...
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