Hearsay Is Not Excluded
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Hearsay Is Not Excluded
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Author : Michael R. Dove
language : en
Publisher: Yale University Press
Release Date : 2024-02-27
Hearsay Is Not Excluded written by Michael R. Dove and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-27 with Science categories.
This chronicle of natural history argues that the modern environmental crisis and rise in science skepticism codeveloped with the rise of ever narrower scientific disciplines For millennia, the field of natural history promoted a knowledgeable and unifying view of the world. In contrast, the modern rise of narrow scientific disciplines has promoted a dichotomy between nature and culture on the one hand and between scientific and folk knowledge on the other. Drawing on the fields of anthropology, history, and environmental science, Michael R. Dove argues that the loss of this historic holistic vision of the world is partly to blame for contemporary environmental degradation and science skepticism. Dove bases this thesis on a study of four pioneering natural historians across four centuries: Georg Eberhard Rumphius (seventeenth century), Carl Linnaeus (eighteenth century), Alfred Russel Wallace (nineteenth century), and Harold C. Conklin (twentieth century). Dove studies their field craft and writing; the political, cultural, and environmental circumstances in which they worked; the sources of their insight; and the implications of their work for modern society. Most of all, the book seeks to discover what enabled those natural historians to straddle boundaries that today seem impassable and to distill that wisdom for a modern world greatly in need of a holistic vision of people and environment.
The Rule Against Hearsay
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Author : LandMark Publications
language : en
Publisher:
Release Date : 2017-02
The Rule Against Hearsay written by LandMark Publications and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02 with categories.
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and discuss the rule against hearsay and its exceptions. The selection of decisions spans from 2013 to the date of publication.A proponent of hearsay evidence must establish five elements in order to satisfy Rule 807: "(1) circumstantial guarantees of trustworthiness; (2) materiality; (3) probative value; (4) the interests of justice; and (5) notice." United States v. Ochoa, 229 F.3d 631, 638 (7th Cir. 2000) (citing United States v. Hall, 165 F.3d 1095, 1110 (7th Cir. 1999)). US v. Moore, (7th Cir. 2016).Rule 807 provides that a hearsay statement is not excluded by the rule against hearsay, even if not covered by an exception in Rule 803 or 804, if the statement (1) has "equivalent circumstantial guarantees of trustworthiness" to statements admitted under the enumerated exceptions, (2) is offered as evidence of a material fact, (3) is more probative on the point offered than any other reasonably available evidence, and (4) will best serve the general purposes of the rules of evidence and the interests of justice. We have said that this exception to the rule against hearsay "was necessary to permit courts to admit evidence in exceptional circumstances where the evidence was necessary, highly probative, and carried a guarantee of trustworthiness equivalent to or superior to that which underlies the other recognized exceptions." United States v. Renville, 779 F.2d 430, 439 (8th Cir. 1985). US v. Stoney End of Horn, (8th Cir. 2016). * * *"[P]rior inconsistent statements by a witness are not hearsay and are competent as substantive evidence if the declarant testifies at trial and is subject to cross-examination concerning the statement, and the prior inconsistent statement was given under oath at a 'trial, hearing, or other proceeding.'" United States v. Wilson, 806 F.2d 171, 175-76 (8th Cir. 1986) (quoting Fed. R. Evid. 801(d)(1)(A)). "The district court has considerable discretion in determining whether prior statements are inconsistent with trial testimony." United States v. Matlock, 109 F.3d 1313, 1319 (8th Cir. 1997) (citing United States v. Russell, 712 F.2d 1256, 1258 (8th Cir. 1983) (per curiam); United States v. Thompson, 708 F.2d 1294, 1302 (8th Cir. 1983) ("The district court should have considerable discretion to determine whether evasive answers are inconsistent with statements previously given." (citation omitted))). US v. Dean, (8th Cir. 2016). * * *Federal Rule of Evidence 801 provides that a statement offered against a party is not hearsay if the statement was "made by the party's coconspirator during and in furtherance of the conspiracy." Fed. R. Evid. 801(d)(2)(E). Statements can further the conspiracy in a number of ways. "Some examples include comments designed to assist in recruiting potential members, to inform other members about the progress of the conspiracy, to control damage to or detection of the conspiracy, to hide the criminal objectives of the conspiracy, or to instill confidence and prevent the desertion of other members." Johnson, 200 F.3d at 533. A coconspirator's statement may satisfy the "in furtherance" requirement even if the statement was not "exclusively, or even primarily, made to further the conspiracy." United States v. Cruz-Rea, 626 F.3d 929, 937 (7th Cir. 2010). US v. Elder, (7th Cir. 2016).
Civil Trials Bench Book
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Author :
language : en
Publisher:
Release Date : 2007
Civil Trials Bench Book written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Civil procedure categories.
This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.
Uniform Evidence Law
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Author : Miiko Kumar
language : en
Publisher:
Release Date : 2023
Uniform Evidence Law written by Miiko Kumar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Evidence (Law) categories.
"Uniform Evidence Law: Commentary and Materials 7th edition has been updated throughout to provide essential case extracts and thoughtful concise commentary covering the uniform evidence legislation in the UEL jurisdictions of the Commonwealth, New South Wales, Victoria and Tasmania"--Back cover.
The Law Of Evidence
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Author : Edmund Morris Morgan
language : en
Publisher:
Release Date : 1927
The Law Of Evidence written by Edmund Morris Morgan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1927 with Evidence (Law) categories.
California Trial Objections
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Author :
language : en
Publisher:
Release Date : 2009
California Trial Objections written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Objections (Evidence) categories.
Rules Of Evidence
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Author : United States. Congress. Senate. Committee on the Judiciary
language : en
Publisher:
Release Date : 1974
Rules Of Evidence written by United States. Congress. Senate. Committee on the Judiciary and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1974 with Evidence (Law) categories.
The Hearsay Rule In Civil Proceedings
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Author : Great Britain. Law Commission
language : en
Publisher:
Release Date : 1991
The Hearsay Rule In Civil Proceedings written by Great Britain. Law Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Civil procedure categories.
Law Commission working papers has been retitled Consultation papers
Federal Rules Of Evidence
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Author : Christopher B. Mueller
language : en
Publisher: Aspen Publishing
Release Date : 2024-05-24
Federal Rules Of Evidence written by Christopher B. Mueller and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-24 with Law categories.
A long-time leader in Evidence courses for its authority, timeliness, and flexibility, Mueller, Kirkpatrick, and Richter's Federal Rules of Evidence, 2024 Edition continues to provide the latest developments in evidence law. New to the 2024 Edition: The Federal Rules as amended through December 2023, including the new amendments to Rules 106, 615, and 702, which became effective December 1, 2023 Pending amendments to Rules 613(b), 801(d)(2), 804(b)(3), and 1006, which will become effective December 1, 2024 A new Rule 107, which will become effective December 1, 2024
Glannon Guide To Evidence
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Author : Michael Avery
language : en
Publisher: Aspen Publishing
Release Date : 2018-09-21
Glannon Guide To Evidence written by Michael Avery and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-21 with Law categories.
Law school classroom lectures can leave you with a lot of questions. Glannon Guides can help you better understand your classroom lecture with straightforward explanations of tough concepts with hypos that help you understand their application. The Glannon Guide is your proven partner throughout the semester when you need a supplement to (or substitute for) classroom lecture. Here’s why you need to use Glannon Guides to help you better understand what is being taught in the classroom: It mirrors the classroom experience by teaching through explanation, interspersed with hypotheticals to illustrate application. Both correct and incorrect answers are explained; you learn why a solution does or does not work. Glannon Guides provide straightforward explanations of complex legal concepts, often in a humorous style that makes material stick.