Jan14
From CyberOne Wiki
jan.14: Legalism -- Hearsay and Exceptions
hearsay an accumulation of on the fly rulings by judges in the field
could be we need no rule
worry with a rule is crystalization, losing the underlying principle in the word, transition from wisdom to legalism
that's why an education studying rules as your focus is narrowing, why concentration on the opinions and precedents of judges is narrowing
is it true for scalia that the context is as important as the word
hearsay we get the word and try to judge its meaning from the context
who judges the context as a foundational matter -- the judge, though the jury may also assess
on what basis does the judge judge the context -- by formulas of words
often you see in the process the wisdom lost
exam
a form of legalism, the fear of bad grade equivalent to judge's fear of being reversed, which she probably won't be if she follows the word, and thus wisdom is lost. what results is the law of the clerics.
three questions, three dimensions in context,
- Definition of Hearsay
- Kuntsler Contempt Specification #1
- L. Tribe, Triangulating Hearsay
- J. Falknor, Evidence of Conduct
- R. Park, McCormick on Evidence and the Concept of Hearsay
- Arsenic and Hors d'Oeuvres
- Murder at the Seaside Bistro
- Assault on Massachusetts Avenue
- Murder in the Ajax Building
- Corn Crib Case
- Captain Cook and Davey Jones
- Hot Pursuit?
- The Stolen BMW
- The Forgetful Witness
- He who Laughs Last...
- Stage Fright
- Stagger P
- Snowmobile Slaughter
- Strong Feelings and Future Plans
- Negligent Entrustment
- Window Washers
- Accident Reports
- Hospital Reports
- Police Reports
- My Cousin Vinny: Cross Examination
