6-15-11 Evidence

Elvin Vu

Evidence Class notes Acceptance is legally operative. o Not offered for the truth of the matter asserted. Rule 803 exception means that their statement they do not have to appear in court Normally a witness must testify through present memory. o You would show the witness and then take back the exhibit and then have him testify. I once knew It was accurate I wrote it Personal knowledge, no memory at the time.

Problem 7-26 the license plate License plate # David told Nancy License plate # Nancy paper with license plate# Does not come in but gets to read it in.

Rule 803(6) Records of regularly conducted business activity Broad definition of business. Internal pressure to keep accurate records. Efficiency to cut back the time An insider, someone who has personal knowledge. o We require an insider to protect against outsider information o Outsider generally does not care about being accurate. At or near the time of the incident. If there is something to believe that it is not trusthworthy then we will kick it out. Who has to be the witness? o Anyone who is familiar with the record keeping policys Could be an outsider. Go through with them with the evidence. o Tell them what the evidence is and how it is important. Confrontation clause 803(23) prior judgement. o Felons You cannot bring 803(22) prior criminal judgments for civil or criminal o You cannot bring it to prove conduct. Acquittals cannot come in Civil judgments are limited 803(23) narrow for civil judgments. Not a large value with civil cases.
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