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Evidence

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More About This Textbook

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

\x09

Preface

Acknowledgements

Chapter 1: The General Requirement of Relevance

Introduction

The Basic Standard and ItsApplication

Unfair Prejudice

Limited Admissibility

Conditional Relevance

Recurring Situations

Flight

Similar Happenings

Statistical Proof\x09

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Nolo Contendere and Withdrawn Guilty Pleas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\x09

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\x09

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\x09\x09

Introduction

Topics for Expert Testimony

Qualification as an Expert

Type of Data

Testimony Based on Scientific Experiments

Style of Testimony\x09

Chapter 7: Privileges

Introduction\x09

Attorney—Client Privilege

Spousal Communications

Physician—Patient

Therapist—Patient

Priest—Penitent

Governmental Executives and Informers

Chapter 8: Authentication and the Original Writing Rule

Introduction\x09

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\x09

Adjudicative and Legislative Facts Distinguished

Procedures for Judicial Notice\x09

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

\x09

Table of Cases

Index

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Product Details

  • ISBN-13: 9781454808121
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 5/16/2013
  • Edition description: New Edition
  • Pages: 784

Table of Contents

Summary of Contents

Ch. 1. Relevance

Ch. 2. Social Policy Relevance Rules

Ch. 3. Character

Ch. 4. Habit and Sexual Conduct in the Context of Character

Ch. 5. Hearsay: Basic Rule and Policy

Ch. 6. Opponents’ Statements

Ch. 7. Witnesses’ Own Out-Of-Court Statements

Ch. 8. Hearsay: Exceptions (Declarant Available or Unavailable)

Ch. 9. Hearsay: Unavailability Required Exceptions

Ch. 10. Boundaries of Admissible Hearsay

Ch. 11. Impeachment

Ch. 12. Witnesses

Ch. 13. Opinion Testimony

Ch. 14. Privileges

Read More Show Less

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