Evidence-Wellborn SU2006 Outline

To prove the belief in the declarant mattered 2 to

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Unformatted text preview: he statement was not offered to prove the truth of the matter asserted and, by definition, was not hearsay. In these cases need to give limiting instructions, only offered for implied assertion, not for the truth of the material fact. Ask Wellborn what really is the difference between verbal non-assertive and implied assertion???? Texas: Says all but nonverbal non-assertive are hearsay. Most endemic hearsay problem: Not lying....but rather ambiguity of misinterpretation....so Wellborn says it doesn't make sense for there to be the only non-hearsay one in Texas because it is much easier to misinterpret nonverbal nonassertive conduct! Increased risk of misinterpretation, than for instance verbal nonassertive or implied beliefs. Any lawyer is going to pop up and say hearsay in the last two categories even though the federal rules say they aren't hearsay....and generally will be sustained...federal rules don't always work in practice. Hearsay is a statement offered in evidence 1. to prove the belief in the declarant mattered 2. to prove t...
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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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