Charles Nesson
Thicker Still
Thicker Still
P, a passenger in O's car, was injured when the car collided with a taxi driven by D. P sues D. D seeks to introduce evidence of settlements between D and O, where O agreed to pay for damages to D's vehicle, and between P and O, wherein O paid P an undisclosed amount for P's injuries. What ruling and why?
Even when evidence of a completed settlement is not offered against a party, can it be excluded under Rule 408 if offered to prove "invalidity of the claim or its amount"?
P, a passenger in O's car, was injured when the car collided with a taxi driven by D. P sues D. D seeks to introduce evidence of settlements between D and O, where O agreed to pay for damages to D's vehicle, and between P and O, wherein O paid P an undisclosed amount for P's injuries. What ruling and why?
Even when evidence of a completed settlement is not offered against a party, can it be excluded under Rule 408 if offered to prove "invalidity of the claim or its amount"?
DNA, THE DEATH PENALTY AND HORRIFYING MISTAKES
DNA, THE DEATH PENALTY AND HORRIFYING MISTAKES
BY GEORGE F. WILL
The Washington Post 4/6/2000
''Don't you worry about it,'' said the Oklahoma prosecutor to the defense lawyer. ''We're gonna needle your client. You know, lethal injection, the needle. We're going to needle Robert.''
BY GEORGE F. WILL
The Washington Post 4/6/2000
''Don't you worry about it,'' said the Oklahoma prosecutor to the defense lawyer. ''We're gonna needle your client. You know, lethal injection, the needle. We're going to needle Robert.''
J.R. TYBOR, PERJURY CASE GOES TO DOGS AFTER SHADOW CAST ON WITNESS
J.R. TYBOR, PERJURY CASE GOES TO DOGS AFTER SHADOW CAST ON WITNESS
The National Law Journal, Sept. 14, 1980, p.4
CHICAGO--Government attorneys would do better to quit star-gazing and talk to the animals, according to a recent appellate opinion here.
The National Law Journal, Sept. 14, 1980, p.4
CHICAGO--Government attorneys would do better to quit star-gazing and talk to the animals, according to a recent appellate opinion here.
L. TRIBE, TRIANGULATING HEARSAY
L. TRIBE, TRIANGULATING HEARSAY
87 Harv. L. Rev. 957, 957-961 (1974)
87 Harv. L. Rev. 957, 957-961 (1974)
D. Prejudice and Probativeness J. THAYER, A PRELIMINARY TREATISE ON EVIDENCE 266 (1898)
D. Prejudice and Probativeness
J. THAYER, A PRELIMINARY TREATISE ON EVIDENCE 266 (1898)
J. THAYER, A PRELIMINARY TREATISE ON EVIDENCE 266 (1898)
J. TANFORD & A. BOCCHINO, RAPE VICTIM SHIELD LAWS AND THE SIXTH AMENDMENT
J. TANFORD & A. BOCCHINO, RAPE VICTIM SHIELD LAWS AND THE SIXTH AMENDMENT
128 U. Pa. L. Rev. 544, 544-549, 550-551 (1980)
128 U. Pa. L. Rev. 544, 544-549, 550-551 (1980)
P. TAGUE, PERILS OF THE RULEMAKING PROCESS: THE DEVELOPMENT, APPLICATION, AND UNCONSTITUTIONALITY OF RULE 804(b)(3)'S PENAL INT
P. TAGUE, PERILS OF THE RULEMAKING PROCESS:
THE DEVELOPMENT, APPLICATION, AND UNCONSTITUTIONALITY OF RULE 804(b)(3)'S PENAL INTEREST EXCEPTION
69 Geo. L.J. 851, 862-863, 971 (1981)
The penal interest exception rests on the assumption that no one would knowingly implicate himself falsely in criminal conduct. Testing the validity of that assumption in a particular case involves at least six evidentiary questions....
THE DEVELOPMENT, APPLICATION, AND UNCONSTITUTIONALITY OF RULE 804(b)(3)'S PENAL INTEREST EXCEPTION
69 Geo. L.J. 851, 862-863, 971 (1981)
The penal interest exception rests on the assumption that no one would knowingly implicate himself falsely in criminal conduct. Testing the validity of that assumption in a particular case involves at least six evidentiary questions....
STATISTICAL-PROBABILITY EVIDENCE AND THE APPEARANCE OF JUSTICE
D. SHAVIRO, STATISTICAL-PROBABILITY EVIDENCE AND THE APPEARANCE OF JUSTICE
103 Harv. L. Rev. 530 (1989)
103 Harv. L. Rev. 530 (1989)
B. RUSSELL, ON INDUCTION IN THE PROBLEMS OF PHILOSOPHY 60-69 (1912)
B. RUSSELL, ON INDUCTION
IN THE PROBLEMS OF PHILOSOPHY 60-69 (1912)
IN THE PROBLEMS OF PHILOSOPHY 60-69 (1912)
R. PARK, McCORMICK ON EVIDENCE AND THE CONCEPT OF HEARSAY: A CRITICAL ANALYSIS FOLLOWED BY SUGGESTIONS TO LAW TEACHERS
R. PARK, McCORMICK ON EVIDENCE AND THE CONCEPT OF HEARSAY: A CRITICAL ANALYSIS FOLLOWED BY SUGGESTIONS TO LAW TEACHERS
65 Minn. L. Rev. 423 (1981)
Definitions of hearsay are commonly either assertion-oriented or declarant-oriented. An assertion-oriented definition focuses on whether an out-of-court assertion will be used to prove the truth of what it asserts, while a declarant-oriented definition focuses on whether the use of the utterance will require reliance on the credibility of the out-of-court declarant.
65 Minn. L. Rev. 423 (1981)
Definitions of hearsay are commonly either assertion-oriented or declarant-oriented. An assertion-oriented definition focuses on whether an out-of-court assertion will be used to prove the truth of what it asserts, while a declarant-oriented definition focuses on whether the use of the utterance will require reliance on the credibility of the out-of-court declarant.
