0203

Argument number 1 -- Beckman did not object. Any evidence that is not objected to may be considered. It is up to the attorneys in an adversary system to raise objections.

Argument number 2 -- the rules of evidence do not apply to questions of the admissibility of items of evidence. See Rule 104(a). The judge may consider "inadmissible" evidence, such as hearsay, as long as the judge does not let the jury see it.

Any questions? E-mail me at tanford@indiana.edu and include the reference 0203.

Problem part 3: Assume the rule of marital privilege says that any private communication between a husband and wife is confidential, and the spouse who made the private communication may assert the privilege in court to prevent its disclosure.

Beckman’s attorney calls Adam's wife Carol as a witness. Adam objects on the basis of the marital privilege. What is Beckman’s best response? When you think you know, click here .

        
.