EVIDENCE 1. Definitions a. Factum probandum ... - Freedom School

in order stated:
A copy
A recital of its contents in an authentic document
Testimony of witnesses
6. What must be proven if original in possession of adverse party
Opponent’s possession of original
Reasonable notice to opponent to produce the original
Satisfactory proof of its existence
Failure or refusal of opponent to produce original in court
( By opponent’s failure to produce the document on demand, he is
now forbidden to produce the document in order to contradict the other
party’s copy/evidence of its contents
Parol Evidence Rule
1. General Rule: When the terms of an agreement have been reduced
into writing, it is considered as containing all the terms agreed upon,
and there can be, between the parties and their successors in interest,
no evidence of such terms other than the contents of the written
agreement
Exceptions to the Parol Evidence Rule:
when a party puts in issue in his pleadings: [FIVE]
Intrinsic ambiguity, mistake or imperfection in the written agreement
Failure of the written agreement to express the true intent of the
parties;
Validity of the written agreement; OR
Existence of other terms agreed upon subsequent to the execution of the
written agreement
NOTE: Parol = evidence aliunde whether oral or written which tends to
deny or contradict documented agreement.
( A “Receipt” or a “Deed” is not an exclusive memorial and facts
contained therein may be shown irrespective of the terms of the
document.
( Distinction must be made between “statements of fact” expressed
in an instrument and the “terms” of the contractual act. The former
may be varied by parol evidence.
( Parol Evidence Rule not applicable to strangers to the contract
ot third parties