Lawless! wrote:Rocky64 wrote:How did you guys find the Evidence essay? I ran out of time on it... I remember hitting the following:
Authentication of business records
Volumeness of records
Present sense impression
Present bodily condition
Found both inner and outer declaration within exceptions
Lack of admissibility due to public policy with regard to medical expenses, with the possibility that they can be considered as party opponent admission since made before a claim
Also mentioned vicarious admission
Sounds like you hit all the big items. I argued vicarious admission too. But ran out of time for public policy/Med payment and use for other purposes such as impeachment and prior inconsistent statement.
Yeah ^^. Looks like it got all the major issues.
Layer 1-- π's statements to nurse, Layer 2-- nurse's writing onto the form
Layer 2 comes in under the business records exception (by someone under duty to make records in ordinary course of business; has sufficient knowledge)
Most of layer 1 (minus statements about other driver) comes in under a) statements made for med diagnosis/treatment, b) part where he said he's still in pain comes in as present sense impression, c) he was rushed to the hospital and still in pain so possibly under excited utterance as well since he was still apparently under the effect of the excitement of the event
Excited utterance -- she was still under the stress of excitement of the event. she had just seriously injured π. She could fear losing job. Still on the scene of the accident.
Opposing party statement -- vicarious opposing party statement -- employee w/in scope of employment and her actions are the reason for imposing liability on ∆
Opposing party statement
Offer to pay medical bills (only protects the actual offer... not accompanying statements) Public policy...
I also did not get to blab about other uses such as impeachment... but I don't think that'll be a big deal, bc facts did not mention they were being presented for impeachment. Of course, though, the extra point they would have given for doing so wouldn't hurt.