Intro

Question 1

How must practitioners in Texas determine the weight of presumptions in TX civil cases?

Answer 1

Consulting the case law in each substantive area to

Question 2

What the the effect of most presumptions in Texas?

Answer 2

Only shifting the burden of producing or going forward with the evidence, with some having a stronger weight

Question 3

How is cross-examination handled in Texas?

Answer 3

It is permitted in unlimited manner, as long as relevant to an issue in the case or pertinent to a witness’s credibility.
(cannot be used to inquire into evidence that would otherwise be inadmissible)

Question 4

In the criminal context, how must hearings on the admissibility of confessions be conducted?

Answer 4

They must be conducted outside of the hearing of the jury

Question 5

Give two situations that hearings on other preliminary matters must be conducted outside of the hearing of the jury

Answer 5

1. accused is going to be a witness in the admissibility hearing
2. accused requests that it be conducted outside the presence of the jury

Question 6

is there any recourse in TX if the court erroneously admits evidence?

Answer 6

That error can be raised on appeal by the aggrieved. (Parties should preserve error by making objection or offer of proof during trial. Failure to do so is a waiver of the ability to raise the error on appeal)

Question 7

Can a trial judge grant admissibility that is conditioned on subsequent fact?

Answer 7

Yes.

Question 8

What is the Rule of Optional Completeness?

Answer 8

This refers to the whole of the same subject. Opponent allowed to inquire into the whole situation in order to get complete context.
(broader than TRE 106 - extends beyond writings or recordings)