Thursday, June 9, 2011

"Using common sense can sometimes cover lost ground"


When it comes to Evidence, I’ve found that using common sense can sometimes cover the ground lost due to a forgotten rule.  My guess is that this is due to the fact that most of the Federal Rules of Evidence are based on rules that are in place for a reason.  It makes sense.  This is America – there aren’t any “extreme” rules or lack thereof.  If you forget a hearsay exception or other rule, just apply your common sense and a bit of logic.  Try not to think like a lawyer just yet.  Unless, of course, you do remember the rule.

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