Evidence-Wellborn SU2006 Outline

So he often stays in the litigation as a party even

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Unformatted text preview: t railroad. Wilson was a witness and testified for the railroad. On cross it was developed that he had been injured in the collision. He was then asked if he had not made a claim against the railroad and whether the railroad had settled with him. Notes: Not dealing with whether the settlement was valid, introducing evidence to show the bias or prejudice of a rebuttal witness o Evidence was admissible to show interest and bias on the part of the witness. The fact that he settles reflects on his credibility and the weight to be given his evidence. Rule 408 is inapplicable in criminal cases!!!! Mary Carter settlements: Now legal in Texas Plaintiffs suing two or three defendants One of the defendant's settles out..and the deal is between him and the plaintiff, that if the plaintiff recovers X dollars from remaining defendants, the settling defendant's share will be reduced (will get kicked back to him)...so he often stays in the litigation as a party even though he settled...and now his incentives are to kick the oth...
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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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