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Entries Tagged as 'Evidence'

Impeaching a Hearsay Declarant Who Does Not Appear in Court – Arthur Best

May 4th, 2010 · 1 Comment · All Posts, Evidence, Lawdibles Audio

How can an opponent impeach a hearsay declarant, when the declarant does not appear in court? Find out in this Lawdible. When hearsay is introduced against a party, that party may impeach the Declarant using any techniques that could be used against a witness who testifies live in court. For example, evidence of past convictions […]

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Character Evidence for Impeachment of a Witness – Arthur Best

April 27th, 2010 · 1 Comment · All Posts, Evidence, Lawdibles Audio

Evidence about a person’s character for impeachment purposes gets treated differently from evidence about a person’s character to show how he or she acted out of court. What are these differences and why does the law have them? When a party wants to show how someone acted out of court, using character evidence for that […]

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Character Evidence: Evidence law’s anti-propensity inference rule and its exceptions. – Arthur Best

April 20th, 2010 · 2 Comments · All Posts, Evidence, Lawdibles Audio

Why does so much evidence about a defendant’s character get admitted, even though the law supposedly rejects the propensity inference? This question highlights a fundamental problem in evidence law – the shaky rationale for the anti-propensity rule, and the complications surrounding the many exceptions to the rule. Professor Arthur Best will address these issues and […]

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Hearsay: Truth of the Matter Asserted Questions – Arthur Best

February 23rd, 2010 · 1 Comment · All Posts, Evidence, Lawdibles Audio

The standard, broad definition of hearsay is “an out-of-court statement offered to prove the truth of whatever it asserts.” The last part of the hearsay definition (“the truth of the matter of whatever it asserts”) is essential to understanding hearsay, but that part can be tricky for law students who first learn the hearsay rule. […]

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