Law Professor Reveals Shocking Truth About Hearsay
G. Michael Fenner
Creighton University School of Law
University of Missouri - Kansas City Law Review, Vol. 62, No. 1, 1993
This article exposes shocking, never-before-revealed truths about hearsay evidence. In my study of the rule, leading to my book (THE HEARSAY RULE, 2d edition, published in 2009 by Carolina Academic Press) I have discovered eight great and undisputable truths about hearsay. This article contains the proof for each truth here listed.
1. Everything is nonhearsay.
2. Everything is hearsay.
3. Everything fits under an exception to the hearsay rule.
4. Great lawyers can convince average judges of almost anything, and even average judges can ignore the best arguments of great lawyers.
5. These points must be won at trial because appellate courts affirm.
6. When the subject is child abuse, none of the rules (such as they are) applies.
7. None of the above matters much because chances are it will be gotten wrong anyway.
8. It is always admissible, and, even when it is not, you can get around the hearsay rule by hiring an expert witness and have the witness form an opinion that will be admissible.
Number of Pages in PDF File: 106
Keywords: hearsay evidence
JEL Classification: k10Accepted Paper Series
Date posted: December 8, 2009
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