TBA Law Blog


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Posted by: Donald Paine on Jun 21, 2008

By Antonin Scalia and Bryan A. Garner | Thomson West | $29.95 | 245 pages | 2008

Secretary Karen gave me this book for my 69th birthday. It is a useful volume on appellate advocacy.

Appellate practice was not my forte. Trials were. Perhaps if I'd had available this guide my record on appeals would have improved.

Justice Scalia is a familiar name to all lawyers. Mr. Garner is the editor-in-chief of Black's Eighth Edition. He wrote A Dictionary of Modern Legal Usage, which I consult almost daily.

Posted by: Donald Paine on Jun 11, 2008

"Admit that bitch!" So said a student when she and her classmates were enjoying a beer and lunch at the Sunspot after my Evidence exam. Having endured four hours of hairsplitting multiple choice questions, largely on hearsay, she concluded that in future trials she should argue that most out-of-court statements ("bitches") are admissible.

And she's right. Even if a statement is hearsay, Tennessee provides 25 exceptions allowing admissibility. Moreover, many extrajudicial statements are not hearsay. In this column we'll explore the four major categories of nonhearsay.


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