Courtroom Evidence Handbook 2006-2007
, by Goode, StevenNote: Supplemental materials are not guaranteed with Rental or Used book purchases.
- ISBN: 9780314168320 | 031416832X
- Cover: Paperback
- Copyright: 6/30/2006
Designed both for law student advocates and students enrolled in traditional evidence courses, Courtroom Evidence Handbook provides full coverage of courtroom evidence procedures, rules, and law. The handbook contains the Federal Rules of Evidence, including recent and pending amendments; offers rule-by-rule commentary, serving as a mini-treatise on federal rules; and contains chapters on objections and responses. Indispensable for students who are participating in a mock trial, going to court as part of a clinical program, or just trying to understand the law of evidence, Courtroom Evidence Handbook helps students bridge the gap from knowing the law of evidence to knowing how to perform at trial.
Preface | p. iii |
Federal Rules of Evidence | |
General Provisions | |
Scope | p. 5 |
Purpose and Construction | p. 5 |
Rulings on Evidence | p. 6 |
Preliminary Questions | p. 6 |
Limited Admissibility | p. 7 |
Remainder of or Related Writings or Recorded Statements | p. 7 |
Judicial Notice | |
Judicial Notice of Adjudicative Facts | p. 8 |
Presumptions in Civil Actions and Proceedings | |
Presumptions in General in Civil Actions and Proceedings | p. 8 |
Applicability of State Law in Civil Actions and Proceedings | p. 9 |
Relevancy and Its Limits | |
Definition of "Relevant Evidence" | p. 9 |
Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible | p. 9 |
Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time | p. 9 |
Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes | p. 10 |
Methods of Proving Character | p. 10 |
Habit; Routine Practice | p. 11 |
Subsequent Remedial Measures | p. 11 |
Compromise and Offers to Compromise | p. 11 |
Payment of Medical and Similar Expenses | p. 12 |
Inadmissibility of Pleas, Plea Discussions, and Related Statements | p. 12 |
Liability Insurance | p. 12 |
Sex Offense Cases; Relevance of Alleged Victim's Past Sexual Behavior or Alleged Sexual Predisposition | p. 13 |
Evidence of Similar Crimes in Sexual Assault Cases | p. 14 |
Evidence of Similar Crimes in Child Molestation Cases | p. 15 |
Evidence of Similar Acts in Civil Cases Concerning Sexual Assault or Child Molestation | p. 16 |
Privileges | |
General | p. 17 |
Witnesses | |
General Rule of Competency | p. 17 |
Lack of Personal Knowledge | p. 17 |
Oath or Affirmation | p. 17 |
Interpreters | p. 18 |
Competency of Judge as Witness | p. 18 |
Competency of Juror as Witness | p. 18 |
Who May Impeach | p. 19 |
Evidence of Character and Conduct of Witness | p. 19 |
Impeachment by Evidence of Conviction of Crime | p. 19 |
Religious Beliefs or Opinions | p. 21 |
Mode and Order of Interrogation and Presentation | p. 21 |
Writing Used to Refresh Memory | p. 22 |
Prior Statements of Witnesses | p. 22 |
Calling and Interrogation of Witnesses by Court | p. 23 |
Exclusion of Witnesses | p. 23 |
Opinions and Expert Testimony | |
Opinion Testimony by Lay Witnesses | p. 23 |
Testimony by Experts | p. 24 |
Bases of Opinion Testimony by Experts | p. 24 |
Opinion on Ultimate Issue | p. 24 |
Disclosure of Facts or Data Underlying Expert Opinion | p. 25 |
Court Appointed Experts | p. 25 |
Hearsay | |
Definitions | p. 26 |
Hearsay | p. 27 |
Hearsay Exceptions; Availability of Declarant Immaterial | p. 27 |
Hearsay Exceptions; Declarant Unavailable | p. 31 |
Hearsay Within Hearsay | p. 33 |
Attacking and Supporting Credibility of Declarant | p. 33 |
Residual Exception | p. 34 |
Authentication and Identification | |
Requirement of Authentication or Identification | p. 34 |
Self-Authentication | p. 36 |
Subscribing Witness' Testimony Unnecessary | p. 38 |
Contents of Writings, Recordings and Photographs | |
Definitions | p. 39 |
Requirement of Original | p. 39 |
Admissibility of Duplicates | p. 39 |
Admissibility of Other Evidence of Contents | p. 40 |
Public Records | p. 40 |
Summaries | p. 40 |
Testimony or Written Admission of Party | p. 41 |
Functions of Court and Jury | p. 41 |
Miscellaneous Rules | |
Applicability of Rules | p. 41 |
Amendments | p. 43 |
Title | p. 43 |
Evidence Rules with Authors' Commentary | |
General Provisions | |
Scope | p. 50 |
Purpose and Construction | p. 50 |
Rulings on Evidence | p. 51 |
Preliminary Questions | p. 55 |
Limited Admissibility | p. 58 |
Remainder of or Related Writings or Recorded Statements | p. 60 |
Judicial Notice | |
Judicial Notice of Adjudicative Facts | p. 61 |
Presumptions in Civil Actions and Proceedings | |
Presumptions in General in Civil Actions and Proceedings | p. 67 |
Applicability of State Law in Civil Actions and Proceedings | p. 69 |
Presumptions in Criminal Cases | p. 69 |
Relevancy and Its Limits | |
Definition of "Relevant Evidence" | p. 71 |
Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible | p. 76 |
Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time | p. 76 |
Character Evidence Not Admissible to Prove Conduct; Exceptions | p. 81 |
Other Crimes, Wrongs, or Acts | p. 86 |
Methods of Proving Character | p. 96 |
Habit; Routine Practice | p. 100 |
Subsequent Remedial Measures | p. 103 |
Compromise and Offers to Compromise | p. 106 |
Payment of Medical and Similar Expenses | p. 110 |
Inadmissibility of Pleas, Plea Discussions and Related Statements | p. 111 |
Liability Insurance | p. 114 |
Sex Offense Cases; Relevance of Alleged Victim's Past Sexual Behavior or Alleged Sexual Predisposition | p. 115 |
Evidence of Similar Crimes in Sexual Assault Cases | p. 120 |
Evidence of Similar Crimes in Child Molestation Cases | p. 122 |
Evidence of Similar Acts in Civil Cases Concerning Sexual Assault or Child Molestation | p. 124 |
Privileges | |
General | p. 125 |
Required Reports Privileged By Statute | p. 127 |
Lawyer-Client Privilege | p. 128 |
Psychotherapist-Patient Privilege | p. 136 |
Husband-Wife Privilege | p. 138 |
Communications to Clergymen | p. 143 |
Political Vote | p. 144 |
Trade Secrets | p. 145 |
Secret of States and Other Official Information | p. 145 |
Identity of Informer | p. 148 |
Waiver of Privilege By Voluntary Disclosure | p. 150 |
Privilege Matter Disclosed Under Compulsion or Without Opportunity to Claim Privilege | p. 153 |
Comment Upon or Inference From Claim of Privilege; Instruction | p. 154 |
Witnesses | |
General Rule of Competency | p. 156 |
Lack of Personal Knowledge | p. 158 |
Oath or Affirmation | p. 160 |
Interpreters | p. 161 |
Competency of Judge as Witness | p. 163 |
Competency of Juror as Witness | p. 164 |
Who May Impeach | p. 167 |
Evidence of Character and Conduct of Witness | p. 173 |
Impeachment by Evidence of Conviction of Crime | p. 178 |
Religious Beliefs or Opinions | p. 184 |
Mode and Order of Interrogation and Presentation | p. 185 |
Writing Used to Refresh Memory | p. 191 |
Prior Statements of Witnesses | p. 194 |
Calling and Interrogation of Witnesses by Court | p. 198 |
Exclusion of Witnesses | p. 200 |
Opinions and Expert Testimony | |
Opinion Testimony by Lay Witnesses | p. 202 |
Testimony by Experts | p. 205 |
Bases of Opinion Testimony by Experts | p. 214 |
Opinion on Ultimate Issue | p. 218 |
Disclosure of Facts or Data Underlying Expert Opinion | p. 222 |
Court Appointed Experts | p. 225 |
Hearsay | |
Definitions | p. 226 |
Definition of Hearsay | p. 227 |
Prior Statement by Witness | p. 232 |
Admission by Party-Opponent | p. 235 |
Hearsay Rule | p. 240 |
Hearsay Exceptions; Availability of Declarant Immaterial | p. 243 |
Present Sense Impression | p. 247 |
Excited Utterance | p. 248 |
Then Existing Mental, Emotional, or Physical Condition | p. 251 |
Statements for Purposes of Medical Diagnosis or Treatment | p. 254 |
Recorded Recollection | p. 256 |
Records of Regularly Conducted Activity | p. 257 |
Public Records and Reports | p. 263 |
Learned Treatises | p. 267 |
Hearsay Exceptions; Declarant Unavailable | p. 268 |
Definition of Unavailability | p. 269 |
Former Testimony | p. 272 |
Statement Against Interest | p. 273 |
Forfeiture by Wrongdoing | p. 276 |
Hearsay Within Hearsay | p. 278 |
Attacking and Supporting Credibility of Declarant | p. 278 |
Residual Exception | p. 279 |
Authentication and Identification | |
Requirement of Authentication and Identification | p. 282 |
Self-Authentication | p. 287 |
Subscribing Witness' Testimony Unnecessary | p. 291 |
Contents of Writings, Recordings, and Photographs | |
Definitions | p. 291 |
Requirement of Originals | p. 294 |
Admissibility of Duplicates | p. 296 |
Admissibility of Other Evidence of Contents | p. 297 |
Public Records | p. 300 |
Summaries | p. 301 |
Testimony or Written Admission of Party | p. 303 |
Functions of Court and Jury | p. 303 |
Miscellaneous Rules | |
Applicability of Rules | p. 305 |
Amendments | p. 307 |
Title | p. 307 |
Common Objections and Responses | |
Objections to Form of Question | p. 311 |
Ambiguous Question (Rule 611(a)) | p. 311 |
Argumentative Question (Rule 611(a)) | p. 311 |
Asked and Answered (Rule 611(a)) | p. 312 |
Assumes Facts Not in Evidence (Rule 611(a)) | p. 312 |
Compound Question (Rule 611(a)) | p. 312 |
Confusing (Rule 611(a)) | p. 313 |
Harassing the Witness (Rule 611(a)) | p. 313 |
Leading Question (Direct Examination) (Rule 611(c)) | p. 313 |
Leading Question (Cross-Examination) (Rule 611(c)) | p. 314 |
Narrative Testimony, Calls for (Rule 611(a)) | p. 315 |
Repetitious Question (Rule 611(a)) | p. 315 |
Unintelligible Question (Rule 611(a)) | p. 315 |
Objections to Admissibility | p. 316 |
Authentication Insufficient (Rules 901 and 902) | p. 316 |
Best Evidence Not Being Offered (Rules 1001 and 1002) | p. 317 |
Bolstering (Rules 607, 608 and 801(d)(1)(B)) | p. 318 |
Chain of Custody Not Established (Real Evidence) (Rule 901) | p. 319 |
Character Evidence in Form of Opinion Testimony (Rule 405) | p. 320 |
Character Evidence Inadmissible (Rule 404(a)) | p. 320 |
Character Evidence, Specific Acts Inadmissible (Rule 405) | p. 321 |
Character Witness, Improper Cross-Examination as to Specific Acts (Rule 405) | p. 322 |
Character Witness Not Qualified to Testify in the Form of Reputation or Opinion (Rule 405) | p. 324 |
Compromise of or Offer to Compromise a Civil Claim (Rule 408) | p. 324 |
Conclusion of Law, Expert Witness (Rules 702 and 704) | p. 326 |
Conclusion of Law, Lay Witness (Rules 701 and 704) | p. 326 |
Confusion of the Issues (Rule 403) | p. 327 |
Cross-Examination, Beyond Scope of Direct (Rule 611(b)) | p. 328 |
Cumulative (Rule 403) | p. 328 |
Dead Man's Act Renders Witness Incompetent (Rule 601) | p. 329 |
Exclusion of Witness, Violation of (Rule 615) | p. 329 |
Expert Lacks Sufficient Basis for Opinion (Rule 702) | p. 330 |
Expert May Not Relate Hearsay Basis for Opinion (Rule 703) | p. 330 |
Expert Not Qualified (Rule 702) | p. 331 |
Expert Opinion Based Solely on Hearsay Not Reasonably Relied Upon (Rule 703) | p. 331 |
Expert Opinion Is Speculative, Conjectural (Rule 702) | p. 332 |
Expert Opinion Not Helpful (Rule 702) | p. 332 |
Habit Evidence Not Admissible (Rule 406) | p. 334 |
Hearsay (Rules 801 and 802) | p. 334 |
Hypothetical Question Includes Facts Not in Evidence (Rule 705) | p. 336 |
Hypothetical Question Not Helpful (Rule 705) | p. 336 |
Identification Insufficient (Rules 901 and 902) | p. 336 |
Impeachment, Bias (Rules 607 and 611) | p. 338 |
Impeachment, Extrinsic Evidence of Prior Conduct Inadmissible (Rule 608) | p. 339 |
Impeachment of Own Witness (Rule 607) | p. 339 |
Impeachment of Own Witness With Prior Inconsistent Statement (Rules 403 and 607) | p. 340 |
Impeachment on Collateral Matter (Rules 403 and 607) | p. 340 |
Impeachment, Prior Conviction Inadmissible (Rule 609) | p. 342 |
Incompetent; Witness Is Incompetent (Rules 601 and 403) | p. 343 |
Insurance (Rule 411) | p. 344 |
Irrelevant (Immaterial, Not Probative) (Rules 401 and 402) | p. 344 |
Judge as Witness (Rule 605) | p. 345 |
Juror as Witness at Trial (Rule 606(a)) | p. 345 |
Juror as Witness to Impeach Verdict (Rule 606(b)) | p. 346 |
Lay Opinion Testimony (Rule 701) | p. 346 |
Lay Witness Testifying as Expert (Rule 701) | p. 347 |
Medical, Hospital, or Similar Expenses, Payment of (Rule 409) | p. 348 |
Mental State or Condition of Accused (Rule 704(b)) | p. 348 |
Misleading the Jury (Rule 403) | p. 349 |
Nonresponsive Answer (Rule 611) | p. 350 |
Other Accidents (Rules 401-403) | p. 350 |
Other Claims by Plaintiff (Rules 401-403) | p. 352 |
Other Contracts or Transactions Involving a Party (Rules 401-403) | p. 352 |
Other Crimes Evidence; Insufficient Notice of Intent to Offer (Rules 404(b), 413, 414 and 415) | p. 353 |
Other Crimes Evidence Not Adequately Proven (Rules 104(b), 404(b), 413, 414 and 415) | p. 353 |
Other Crimes Evidence Not Admissible to Prove Character (Rules 404(b), 413, 414 and 415) | p. 354 |
Other Crimes Evidence Offered for an Undisputed Point (Rules 403, 404(b), 413, 414 and 415) | p. 356 |
Personal Knowledge Lacking (Rule 602) | p. 357 |
Photograph Inflammatory and Unfairly Prejudicial (Rule 403) | p. 357 |
Photograph, Motion Picture, Videotape, or Sound Recording not Authenticated (Rule 901) | p. 358 |
Pleas and Plea Bargaining (Rule 410) | p. 358 |
Prejudicial Effect Outweighs Probative Value (Rule 403) | p. 359 |
Prior Consistent Statement Not Admissible to Rehabilitate (Rule 613) | p. 360 |
Prior Inconsistent Statement; Extrinsic Evidence Inadmissible (Rule 613(b)) | p. 361 |
Prior Inconsistent Statement; Must Disclose Contents of Writing (Rule 613) | p. 362 |
Privilege, Comment on or Adverse Inference From Invocation (Proposed Rule 513) | p. 362 |
Privileged (Rule 501; Proposed Rules 502-513) | p. 362 |
Privileged Attorney-Client Communication (Proposed Rule 503) | p. 363 |
Privileged; Clergy-Communicant Privilege (Proposed Rule 506) | p. 365 |
Privileged Marital Communication (Proposed Rule 505) | p. 365 |
Privileged; Marital Testimonial Privilege (Proposed Rule 505) | p. 366 |
Privileged Physician-Patient Communication (Proposed Rule 504) | p. 367 |
Privileged Psychotherapist-Patient Communication (Proposed Rule 504) | p. 368 |
Privileged Required Report (Proposed Rule 502) | p. 368 |
Religious Belief or Opinion (Rule 610) | p. 369 |
Scientific Evidence Not Admissible (Rule 702) | p. 369 |
Sexual Conduct or Predisposition of Alleged Victim of Sexual Misconduct; Civil Case (Rule 412) | p. 370 |
Sexual Conduct or Predisposition of Alleged Victim of Sexual Misconduct; Criminal Case (Rule 412) | p. 371 |
Speculation, Question Calls for (Rules 602, 701 and 702) | p. 372 |
Subsequent Remedial Measure (Rule 407) | p. 372 |
Summary Not Admissible (Rule 1006) | p. 373 |
Truthfulness of Another's Testimony (Rules 608, 701 and 702) | p. 374 |
Ultimate Issue (Rule 704) | p. 375 |
Checklists and Foundations | |
Checklists and Foundations | p. 378 |
Offering an Exhibit (Documentary, Real, or Illustrative Evidence) (Rules 401, 402, 901 and 902) | p. 378 |
Character Evidence (Rules 404 and 405) | p. 381 |
Impeachment (Rules 607-613) | p. 383 |
Present Recollection Refreshed (Rule 612) | p. 393 |
Expert Testimony (Rule 702) | p. 394 |
Hearsay Exceptions (Rule 803) | p. 397 |
Foundation for Summary of Voluminous Writings (Rule 1006) | p. 403 |
Table of Cases | p. 407 |
Index | p. 437 |
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