CA Bar Evidence Essay July 2007 Q3
AIM OF EVIDENCE
Adjoint testimony will be offered to present that Auto technician observed D's bad braking. Logical Relevance (applies to items 1-4 offered below): Evidence is pertinent if it can make the existence of virtually any fact of consequence for the outcome with the action more probable than it would be with no evidence. Polly is offering Helper's testimony to excercise his theory of the liability that Dork was which his brakes were bad. Helper aided in repairing D's car before the car accident especially when Deb was given observe that his brakes needed fix right before the accident.
Hearsay: Hearsay is known as a statement, aside from one of the declarant while testifying at the trial or reading, oferd in evidence to prove the truth of the subject asserted. In the event no conditions apply the statement should be excluded after appropriate arguments. Statement #1 is a great oral declaration not made by a party to the suit. There are several possibilities this statement comes into account
A statement certainly not offered intended for the truth with the matter, however for another reason just like: effect on hearer or audience. It is not on offer for the reality of the matter asserted. It really is being offered to show that Auto technician, in his standard conduct in operation tells his Helper precisely what is wrong having a car to document this and in the end disclose/solicit long term service and repairs to the car owner.
Present Sense Impression: Responses made contingency with the perception or impression of an function that is not always exciting might be admissible. There has to not become a time intervalle for a misstatement to occur, and the statement should be contemporaneous. Mechanics statement to Helper was contemporaneous along with his observation from the brakes and it was his observation and impression of D's brakes. Under this hearsay different, statement #1 is defendable.
Hearsay: (See above) Statement #2 is a great out of court carry out as interaction being offered...