Sunday, January 09, 2011

Football Hearsay and Non-Hearsay

Flip Bondy, Mark Sanchez, not offensive coordinator Brian Schottenheimer, called Jets big play in win over Colts New York Daily News (Jan. 9, 2010):
[New York Jets quarterback]Sanchez didn't even have the stomach to watch [his team's] winning field goal. Instead he watched the reaction of the Colts, who didn't look too happy about the course of events. Only then Sanchez knew that one obstacle had been cleared, that he had graduated from an impossible matchup against Manning to another one against Tom Brady.
This conduct was non-assertive conduct and thus non-hearsay under the Federal Rules of Evidence, correct?

But question: Suppose the Colts had thrown up their hands, cheered, and jumped around. Would that have been non-assertive conduct or would it have been assertive -- "Hey, we won!" -- conduct?

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The dynamic evidence page

It's here: the law of evidence on Spindle Law. See also this post and this post.

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