Evidence: An Introductory Problem Approach

This law school textbook employs real-world problems to introduce students to the comprehensive textual material that follows. In addition, over 1,100 true-false and multiple-choice questions, with answers, are included. The textbook is suitable for either a 3- or 4-credit evidence course.

Introduction

iii

Table of Cases

xxiii

The Structure of the Trial

1

(13)

Order of Proceedings

1

(4)

Types of Evidence

5

(1)

Preliminary Questions of Admissibility

6

(3)

Hearing of Jury; Motions in Limine

9

(2)

Limited Admissibility

11

(1)

Judicial Discretion

12

(2)

Relevance and the Exclusion of Relevant Evidence

14

(14)

Relevance

14

(6)

Exclusion of Relevant Evidence

20

(8)

Competency of Lay Witnesses

28

(19)

General Rule of Competency: An Overview

28

(7)

The Requirement of Personal Knowledge

35

(3)

Oath or Affirmation

38

(1)

Interpreters

39

(1)

Competency of Judge as Witness

39

(1)

Competency of Juror as Witness

40

(3)

Competency and Propriety of Lawyer for a Party as Witness at Trial

43

(4)

Direct Examination

47

(17)

Mode and Order of Interrogation

47

(5)

Refreshing Recollection

52

(5)

Principle of Completeness

57

(2)

Exclusion and Separation of Witnesses

59

(5)

Hearsay

64

(159)

The Hearsay Rule

64

(30)

Prior Statement by Witness

94

(9)

Admission by Party-Opponent

103

(20)

Hearsay Exceptions; Availability of Declarant Immaterial

123

(51)

Hearsay Exceptions, Declarant Unavailable

174

(22)

Hearsay Within Hearsay

196

(4)

Attacking and Supporting Credibility of Declarant

200

(2)

Residual Exception

202

(8)

The Confrontation Clause

210

(6)

Hearsay Review Problems

216

(7)

Authentication and Identification

223

(37)

General Provision

223

(2)

Illustrative Testimonial Foundations

225

(17)

Self-Authentication

242

(15)

Subscribing Witness' Testimony Unnecessary

257

(3)

The Original Writing (Best Evidence) Rule

260

(26)

Introduction

260

(1)

Nature of an Original

261

(3)

Duplicates

264

(1)

Requirement of Original

265

(7)

Admissibility of Duplicates

272

(1)

Admissibility of Other Evidence of Contents

273

(4)

No Degrees of Secondary Evidence

277

(1)

Public Records

278

(1)

Summaries

279

(2)

Testimony or Written Admission of Party

281

(1)

Functions of Court and Jury

282

(4)

Opinions and Expert Testimony

286

(59)

Introduction

286

(1)

Opinion Testimony of Lay Witnesses

287

(5)

Testimony by Experts

292

(53)

Character, Habit and Routine Practice

345

(60)

Habit and Routine Practice

345

(6)

Evidence of Character

351

(19)

Other Crimes, Wrongs, or Acts

370

(14)

Victim's Past Sexual Behavior or Sexual Disposition

384

(9)

E. Similar Acts and Crimes in Sexual Assault and Child Molestation Cases

393

(12)

Real and Demonstrative Evidence, Experiments and Views

405

(18)

An Overview

405

(3)

Relevancy

408

(1)

Real Evidence

409

(4)

Demonstrative Evidence

413

(6)

Courtroom and Out of Court Demonstrations

419

(1)

Experiments

420

(1)

View by Trier of Fact

421

(2)

Cross-Examination, Impeachment and Refutation

423

(86)

Cross-Examination

423

(11)

Impeachment

434

(71)

Refutation

505

(4)

Relevant Evidence and Social Policy

509

(23)

Introduction

509

(1)

Subsequent Remedial Measures

509

(6)

Compromise and Offers to Compromise

515

(4)

Payment of Medical and Similar Expenses

519

(1)

Inadmissibility of Pleas, Plea Discussions, and Related Statements

520

(7)

Liability Insurance

527

(5)

Privileges

532

(37)

Introduction

532

(3)

Required Reports Privileged by Statute

535

(2)

Lawyer-Client

537

(9)

Psychotherapist-Patient and Physician-Patient Privilege

546

(3)

Husband-Wife Privileges

549

(3)

Communications to Clergymen

552

(2)

Political Vote

554

(1)

Trade Secrets

555

(1)

Secrets of State and Other Official Information

556

(2)

Identity of Informer

558

(5)

Waiver of Privilege by Voluntary Disclosure

563

(2)

Privileged Matter Disclosed Under Compulsion or Without Opportunity to Claim Privilege

565

(1)

Comment Upon or Inference From Claim of Privilege; Instruction

566

(3)

Burden of Proof and Presumptions

569

(36)

Burdens in Civil Cases

569

(5)

Presumptions in Civil Cases

574

(15)

Applicability of State Law in Civil Actions and Proceedings

589

(2)

Burdens in Criminal Cases

591

(3)

Presumptions in Criminal Cases

594

(8)

Presumption of Innocence

602

(3)

Judicial Notice

605

(14)

An Introduction

605

(3)

Adjudicative Facts

608

(7)

Law and Legislative Facts

615

(4)

Judge and Jury Participation

619

(7)

Mode and Order of Proceedings

619

(2)

Court Calling and Interrogation of Witnesses

621

(2)

Summing Up and Comment by Judge

623

(3)

Rulings on Admissibility

626

(57)

Preliminary Questions of Admissibility

626

(10)

Determining Admissibility Outside Presence of Jury

636

(8)

Objections and Offers of Proof

644

(13)

Reversible Error, Harmless Error and Plain Error

657

(7)

Curative, Cautionary and Limiting Instructions

664

(6)

Admissibility of Related Writings, Recordings and Oral Statements

670

(3)

Trial Objections

673

(6)

Taking Exhibits into the Jury Room

679

(4)

Objective Review Questions

683

(95)

Hearsay Questions

683

(29)

Hearsay and Non Hearsay Questions

712

(66)

Answers to True-False Questions-Chapters II-XVII

778

(58)

Answers to Objective Review Questions-Chapter XVIII

836

(63)

Index

899

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Evidence: An Introductory Problem Approach

Summary

Table of Contents

Supplemental Materials

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Evidence: An Introductory Problem Approach

Summary

Table of Contents

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