Evidence: Cases and Materials

Written to impress upon students that the law of evidence remains far from "federalized." Many states remain without local counterparts to the Federal Rules of Evidence and, even where such counterparts exist, state law frequently varies substantially from the federal pattern. These considerations, together with the fact that vast areas of evidence are outside the purview of the federal rules, warrant continuing attention to state law.

Preface to the Sixth Edition

v

Preface to the Fifth Edition

vii

Preface to the Fourth Edition

ix

Preface to the Third Edition

xi

Preface to the Second Edition

xiii

Preface to the First Edition

xv

Table of Cases

xxxiii

Table of Federal Rules of Evidence

lvii

TOPIC I. AN INTRODUCTION TO THE ADVERSARY SYSTEM

Characteristics of the Adversary System

1

(65)

The Roles of the Judge and Jury

1

(29)

Party Responsibility

30

(36)

Limitations of the Adversary System

66

(33)

TOPIC II. THE FRAMEWORK OF DECISION

Allocating the Case

99

(9)

Burden of Proof

108

(44)

The Burden of Going Forward

109

(20)

The Burden of Persuasion

129

(23)

Presumptions

152

(39)

The Order of Proof

191

(18)

TOPIC III. RELEVANCY AND ITS LIMITS

The Concept of Relevancy

209

(36)

Introduction

209

(2)

An Illustration of Relevancy Rules: Evidence of Financial Worth

211

(21)

Special Applications of Rule 403

232

(13)

Formalized Applications of the Relevancy Concept

245

(120)

Other Happenings

245

(20)

Personality Traits and Behavior Patterns-Civil Cases

265

(18)

Personality Traits and Behavior Patterns-Criminal Cases

283

(57)

The Intersection of Relevancy and Ancillary Policy Considerations

340

(25)

TOPIC IV. COMMUNICATING DATA TO THE TRIER OF FACT

Judicial Notice

365

(20)

Real and Demonstrative Evidence

385

(31)

Writings and Related Matters

416

(50)

Authentication

416

(24)

Proof of Contents (The ``Best Evidence'' Rule)

440

(26)

Testimonial Evidence

466

(223)

Competency of Witnesses

466

(27)

Elicitation of Testimony

493

(32)

Lay Witnesses

525

(15)

Expert Testimony

540

(84)

Credibility: Bolstering, Impeachment and Rehabilitation

624

(65)

TOPIC V. THE HEARSAY RULE

Foundations of the Hearsay Rule and Confrontation

689

(121)

Definition and Rationale: Statements for the Truth of the Matter Asserted

689

(39)

Other Statements That Are Not Hearsay

728

(57)

Confrontation

785

(25)

Exceptions to the Hearsay Rule

810

(166)

Present Sense Impressions and Excited Utterances

810

(11)

Existing Mental, Emotional, or Physical Condition

821

(22)

Statements for Purpose of Medical Diagnosis or Treatment

843

(8)

Recorded Recollection

851

(10)

Records of Regularly Conducted Activity

861

(26)

Public Records and Reports

887

(15)

Unavailability

902

(10)

Former Testimony

912

(14)

Dying Declarations

926

(5)

Statements Against Interest

931

(14)

Admission Through Forfeiture or Because of Wrongdoing

945

(13)

Catchall or Residual Exception

958

(16)

Notes on Other Selected Exceptions and Miscellaneous Provisions

974

(2)

TOPIC VI. PRIVILEGE

Private Privileges

976

(96)

Introduction

976

(3)

Husband-Wife

979

(15)

Attorney-Client and ``Work Product''

994

(55)

Additional Privilege

1049

(23)

Privileges Designed to Safeguard Governmental Operations

1072

(69)

State Secrets and Executive Privilege

1072

(31)

Proceedings of Petit and Grand Juries

1103

(27)

Informers

1130

(11)

Index

1141

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Evidence: Cases and Materials

Summary

Table of Contents

Supplemental Materials