Evidence 2020 Problem 7.15 and Hearsay Notes PDF

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Evidence I Law Lecture and Hypos/Answers for Problem 7.15...

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Evidence 2020 Problem 7.15 and Hearsay Notes

(1)Problem 7.15 (a)FACTS: (i) Slip and fall outside a condo (ii)Personal manager says that an employee responsible for snow and ice removal would have been on duty (iii)The person eventually cleaning the snow, but never identified, said, “those guys on shift that day were supposed to shovel and salt, but they bagged it and went home early.” (b)THOUGHTS: (i) Who is this person?? (ii)Can we assume he is an employee rather than some good Samaritan? Maybe b) 801(d)(2)(E) – PARTY – OPPONENT i) (E) Was made by the party’s coconspirator during and in furtherance of the conspiracy (1)Conspiracy: an agreement to commit a crime (a)Need proof of a preponderance of the evidence that there was a conspiracy** (2)Co-conspirator does not need to be charged with the crime to be a co-conspirator 2) FRE 805: Hearsay Within Hearsay: not excluded under the hearsay rule if each part of the combined statements conforms w/ an exception to the hearsay rule a) It’s ok if each chain of the hearsay can be established b) D ! outside person ! Witness i) First establish that whatever outside person told Witness would come in

ii) Then must establish that what D said to outside person should come in

Hearsay continued… Coconspirators’ Statement 1) Bourjaily v. US a) FACTS: i) An informant arranged to sell drugs to Leonardo ii) Leo then was going to sell them to others iii)Leo says place/time of meet up to sell drugs to his friend. At place/time the D is there and transfers the drugs iv) D is arrested (1) Could they get into evidence against D, Leo’s statement about the friend (D) who will be buying the drugs? b) HOLDING: i) Must be made during and in furtherance of the conspiracy – have to prove D was the friend referred to in those convos Leo had with the informant ii) The statement itself can be used to prove the conspiracy (bootstrapping)?? ! can be considered as a piece of evidence in the determination! iii)Other evidence – D was the only one to show up at the time/ place for the drug transaction! The actions corroborate the statement...