Emanuel Law Outlines: Torts / Edition 9

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Overview

Arthur Best's 'plain language' version of the Federal Rules of Evidence earned the gratitude of thousands of students who turned to his book for clear explanations of the many rules, principles, and policies of evidence law. Both students and instructors will find this third edition of EVIDENCE: Examples & Explanations as effective as it is engaging. This best-selling study guide follows the proven format of the Examples & Explanations Series to make the study of evidence as painless as possible. For every topic, Best presents questions of varying degrees of difficulty, followed by clear explanations of how to analyze the problems. His examples put the rules in context and show students the real-life applications of the material. This edition reflects developments concerning the Federal Rules, specifically: -Rule 407 regarding strict liability -Rule 804 concerning the new hearsay exception -Rule 801's new provision requiring proof to substantiate witness testimony in some cases -New Rule 807 eliminating redundancies in the hearsay provisions of Rules 803 and 804 The author also presents important new Supreme Court cases, including: -U.S. v. Scheffer -Swindler & Berlin v. U.S. -General Electric Co. v. Joiner For specific guidance on a particularly complicated concept or general reinforcement of the full range of course material, EVIDENCE: Examples & Explanations, Third Edition, is a proven partner in teaching and learning. Table of Contents Preface Acknowledgements Chapter 1: The General Requirement of Relevance Introduction The Basic Standard and Its Application Unfair Prejudice Limited Admissibility Conditional Relevance Recurring Situations Flight Similar Happenings Statistical Proof Chapter 2: Specific Exclusions of Relevant Material Introduction Insurance Subsequent Remedial Measures Compromises and Offers to Compromise Payments of Medical Expenses Nolo Contendere and Withdrawn Guilty Pleas Character Evidence The Propensity Inference Non-propensity Uses of Character Evidence 'Character in Issue' Habit Form of Proof Related to Character Character of the Accused and the Victim Character of Sexual Assault Victim Constitutional Restrictions on Exclusion of Defense Evidence Summary of Permitted Uses of Propensity Evidence Chapter 3: Defining Hearsay Introduction Basic Rule Basic Rationale for Excluding Hearsay Detailed Analysis of Statements Typically not Offered to Prove the Truth of What They Assert Visual Aids Detailed Analysis of What Constitutes a Statement Classic Hearsay Puzzles Chapter 4: Exceptions to the Hearsay Exclusionary Rule Introduction Hearsay and the Confrontation Clause Statements Exempted from the Federal Rules Definition of Hearsay Groupings of Hearsay Exceptions under the Federal Rules Statements Defined as Hearsay but Admissible Without Regard to the Declarant's Availability Statements Defined as Hearsay but Admissible if the Declarant Is 'Unavailable' Residual Exception Chapter 5: Examination and Impeachment Introduction General Competency Rules Scope and Style of Examination General Right to Impeach Impeachment by Showing the Witness Lied Intentionally Timing for Proof of Crimes, Acts, and Character Impeachment by Proof of Poor Perception or Memory Impeachment by Contradiction Prior Statements by a Witness Impeaching a Hearsay Declarant Chapter 6: Expert Testimony Introduction Topics for Expert Testimony Qualification as an Expert Type of Data Testimony Based on Scientific Experiments Style of Testimony Chapter 7: Privileges Introduction Attorney-Client Privilege Spousal Communications Physician-Patient Therapist-Patient Priest-Penitent Governmental Executives and Informers Chapter 8: Authentication and the Original Writing Rule Introduction Authentication Original Writing Rule Chapter 9: Presumptions Introduction Presumptions The Federal Rules Choice Production and P

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Product Details

  • ISBN-13: 9781454806127
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 7/14/2011
  • Edition description: New Edition
  • Edition number: 9
  • Pages: 566
  • Sales rank: 434,159
  • Product dimensions: 8.30 (w) x 10.90 (h) x 1.50 (d)

Table of Contents

Table of Contents

Preface
Acknowledgements

Chapter 1: The General Requirement of Relevance
Introduction
The Basic Standard and Its Application
Unfair Prejudice
Limited Admissibility
Conditional Relevance
Recurring Situations
Flight
Similar Happenings
Statistical Proof

Chapter 2: Specific Exclusions of Relevant Material
Introduction
Insurance
Subsequent Remedial Measures
Compromises and Offers to Compromise
Payments of Medical Expenses
Nolo Contendere and Withdrawn Guilty Pleas
Character Evidence
The Propensity Inference
Non-propensity Uses of Character Evidence
'Character in Issue'
Habit
Form of Proof Related to Character
Character of the Accused and the Victim
Character of Sexual Assault Victim
Constitutional Restrictions on Exclusion of Defense Evidence
Summary of Permitted Uses of Propensity Evidence

Chapter 3: Defining Hearsay
Introduction
Basic Rule
Basic Rationale for Excluding Hearsay
Detailed Analysis of Statements Typically not Offered to Prove the Truth of What They Assert
Visual Aids
Detailed Analysis of What Constitutes a Statement
Classic Hearsay Puzzles

Chapter 4: Exceptions to the Hearsay Exclusionary Rule
Introduction
Hearsay and the Confrontation Clause
Statements Exempted from the Federal Rules Definition of Hearsay
Groupings of Hearsay Exceptions under the Federal Rules
Statements Defined as Hearsay but Admissible Without Regard to the Declarant's Availability
Statements Defined as Hearsay but Admissible if the Declarant Is 'Unavailable'
Residual Exception

Chapter 5: Examination and Impeachment
Introduction
General Competency Rules
Scope and Style of Examination
General Right to Impeach
Impeachment by Showing the Witness Lied Intentionally
Timing for Proof of Crimes, Acts, and Character
Impeachment by Proof of Poor Perception or Memory
Impeachment by Contradiction
Prior Statements by a Witness
Impeaching a Hearsay Declarant

Chapter 6: Expert Testimony
Introduction
Topics for Expert Testimony
Qualification as an Expert
Type of Data
Testimony Based on Scientific Experiments
Style of Testimony

Chapter 7: Privileges
Introduction
Attorney-Client Privilege
Spousal Communications
Physician-Patient
Therapist-Patient
Priest-Penitent
Governmental Executives and Informers

Chapter 8: Authentication and the Original Writing Rule
Introduction
Authentication
Original Writing Rule

Chapter 9: Presumptions
Introduction
Presumptions
The Federal Rules Choice
Production and Persuasion Burdens Defined and Compared
Criminal Cases

Chapter 10: Judicial Notice
Introduction
Adjudicative and Legislative Facts Distinguished
Procedures for Judicial Notice

Appendix: Federal Rules of Evidence
Article I: General Provisions
Article II: Judicial Notice
Article III: Presumptions in General in Civil Actions and Proceedings
Article IV: Relevancy and Its Limits
Article V: Privileges
Article VI: Witnesses
Article VII: Opinions and Expert Testimony
Article VIII: Hearsay
Article IX: Authentication and Identification
Article X: Contents of Writings, Recordings, and Photographs
Article XI: Miscellaneous Rules

Table of Cases
Index

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