3.1-- Hearsay Rule, the rule that isn't. 30-something articulated exceptions.
Offer of proof taking the form of an out-of-court statement offered for
truth of the matter asserted. We know it when we see it. "Mommy, I
can talk" statement in tonsilectomy malpractice is not hearsay.
3.2-- Direct evidence and circumstantial evidence. Direct is based
upon the immediate senses of the witness: did you see/hear/smell/touch
it?
3.3-- Rule 606: competency of jurors as
witnesses. If they're drunk, too bad, so sad. What matters is OUTSIDE influences,
not whatever is INSIDE their livers.
3.4-- Sir Walter Raleigh, the classic hearsay case. [Is it just me,
or was there no king when Queen Elizabeth ruled England?] Sir Wally articulates
the principles upon which the rule is based.
3.5-- Testimonial capacities of witness: perception, character, was
in a position to see/get information, memory, sincerity.
3.6-- Berkowitz and Feinberg. Defining
the goals and problems. Possible plots: 1) The Prez is fed up with political
deals and cans the liberal and the conservative. 2) Bonnie is the target,
and PB must go down to preserve appearances. 3) PB is the target, and Bonnie
gets axed to preserve appearances. 4) Business as usual.
3.7-- Vinnie as cultural anthropologist. Grits and Alabama procedure.
3.9-- Back to the gatekeeper concept. For the plaintiff's attorney,
the judge, not the defense attorney, is the other side.
3.10-- Prison yard hypothetical/ Lawton's Supermarket hypothetical:
what is the meaning of "Proof beyond a reasonable doubt?" a)
probabilistic approach; b) a verdict the jury can be comfortable with.
