An example taken from Professor Gold's scintillating Evidence 2 handout:
Action for divorce. To prove adultery by husband, Donald Trump, Wife offers statement of Paris Hilton, a permanent resident of a psychiatric hospital in Europe, made during an interview for America's Most Disgusting Celebrities: "I got drunk and had an affair with Trump." Admissible?
Answer:
In the federal system- No, because although the declarant is unavailable, the statement is not a declaration against her financial or penal interest.
In the California system- Yes, because the declarant is unavailable and the statement is against her social interest.
Perfect timing.... justice has been served and Paris Hilton is once again UNAVAILABLE
Showing posts with label Professor Gold. Show all posts
Showing posts with label Professor Gold. Show all posts
6.08.2007
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