Evidence-Wellborn SU2006 Outline

Rules or by other rules prescribed by the supreme

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Unformatted text preview: e of a person will normally be nonhearsay under rule 801, since silence is nonverbal conduct and silence would normally not be intended as a substitute for verbal expression. An assertion is not made when you are silent!! Dangers of misinterpretation and mistake are eliminated in this situation! STRUCTURE OF HEARSAY ARTICLE: FRE 801: Definitions 801 (a)-(c): Defines hearsay 801 (d): Declares certain things as not hearsay o Prior statement by witness if declarant testifies at trial and is subject to crossexamination: Inconsistent and was given under oath subject to the penalty of perjury at a trial, hearing or other proceeding Consistent with the declarant's testimony and is offered to rebut an expressed charge against the declarant of recent fabrication or improper influence or motive One of identification of a person made after perceiving the person o Admissions by party-opponents FRE 802: Hearsay Rule Hearsay is not admissible except as provided by these rules or by other rules prescribed by the Supreme Court pursuant to statutory authority or act of...
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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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