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Big Mack Trucking Co. v. Dickerson
Content Type: Brief

View this case and other resources at: Citation. 497 S.W.2d 283, 1973 Tex. 16 Tex. Sup. J. 404. Brief Fact Summary. Two men that both worked for the defendant trucking company, Big Mack Trucking Co. (the "defendant"), stopped at a truck stop. One man left his truck unattended, and it rolled forward crushing the other man between the two trucks. The deceased's family sued for damages. Synopsis of Rule of Law. In order for hearsay statements to be allowed into evidence, they must fall under some exception to the hearsay rule. For an exception to apply requiring that the dec ...

Sabel v. Mead Johnson & Co
Content Type: Brief

View this case and other resources at: Citation. 737 F. Supp. 135, 1990 U.S. Brief Fact Summary. The plaintiff, Sabel ("plaintiff"), sued the defendant, Mead Johnson & Co. pharmaceutical company ("defendant"), after the antidepressant drug Desyrel allegedly caused a priapism, requiring surgery and leaving him impotent. Synopsis of Rule of Law. Special care must be taken in applying exceptions to the hearsay rule, especially when the risk of unfair prejudice substantially outweighs the relevance of the evidence. Moreover, in situations where an agency exception is to be ...

State v. Carlson
Content Type: Brief

View this case and other resources at: Citation. ...

Mahlandt v. Wild Canid Survival and Research Center, Inc
Content Type: Brief

View this case and other resources at: Citation. 588 F.2d 626, 1978 U.S. App. Brief Fact Summary. A 4 year old child was walking to his neighbor's house to get his brother. A neighbor heard screams, looked out his window, and saw that the boy was in an enclosure in which Mr. Poos, a neighbor, kept a wolf that he used in his educational trips to neighborhood schools, and that the head of the wolf was near the child. Nobody saw the wolf bite the child. Synopsis of Rule of Law. A statement made against a party that is the party's own statement, is admissible under Federal Rul ...

United States v. Hoosier
Content Type: Brief

View this case and other resources at: Citation. 442 F.3d 939, 2006 U.S. App. Brief Fact Summary. A witness testified that, in an incident prior to the bank robbery that was the subject of the prosecution, that he had seen the accused and his girlfriend, and that the accused was dressed nicely and wearing diamond rings. Synopsis of Rule of Law. When a party acquiesces by saying nothing to a statement made in his presence, that statement may be admissible as an admission by a party opponent under Federal Rule of Evidence ("F.R.E") Rule 80a(d)(2)(B). ...

State v. Jones
Content Type: Brief

View this case and other resources at: Citation. 311 Md. 23, 532 A.2d 169, 1987 Md. Brief Fact Summary. Complainant alleged that, during a traffic stop on I-95 in New Jersey, a police officer sexually assaulted her. At trial, another police officer testified to statements he had heard over the CB radio during the time of the incident. The Respondent objected to the admissibility of those statements. Synopsis of Rule of Law. For a statement to qualify as a present sense impression it must be (1) essentially contemporaneous with the event it describes, and (2) the declarant ...

Soles v. State
Content Type: Brief

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Truck Ins. Exchange v. Michling
Content Type: Brief

View this case and other resources at: Citation. 364 S.W.2d 172, 1963 Tex. 6 Tex. Sup. J. 238 Brief Fact Summary. The plaintiff sought to recover death benefits after her husband allegedly had an accident at work. Her testimony was the only evidence of such, and benefits rested on the admissibility of her testimony. Synopsis of Rule of Law. In order for a statement to qualify under the excited utterance exception to the hearsay rule, it must be made in conjunction with an occurrence that can be independently proven by some means other than the statement itself. ...

United States v. Rhodes
Content Type: Brief

View this case and other resources at: Citation. 129 S. Ct. 2751. Brief Fact Summary. Master Sergeant Roy A. Rhodes ("Mr. Rhodes") was tried for having conspired to commit espionage against the United States. Synopsis of Rule of Law. No rule given. ...

United States v. Brown
Content Type: Brief

View this case and other resources at: Citation. 548 F.2d 1194, 1977 U.S. App. 77-1 U.S. Tax Cas. (CCH) P9278; 39 A.F.T.R.2d (RIA) 1138 Brief Fact Summary. The defendant was charged with committing fraud in the preparation of other peoples' tax returns. He appealed his conviction. The defendant argued that the testimony of the Internal Revenue Service ("IRS") agent, made without entering the tax returns into evidence, that 90 ...