Pub. Date:
Wolters Kluwer Law & Business
Evidence / Edition 7

Evidence / Edition 7

by Arthur Best


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The #1 study guide for Evidence is now in its Seventh Edition. Examples & Explanations: Evidence is the go-to resource for any student struggling to understand the concepts and rules of evidence as described in their casebook. The Examples & Explanations pedagogy encourages students to read the text carefully, apply what they have learned, and test their understanding of the material.

A leader in its field, Examples & Explanations: Evidence features:

clear and concise introductions to the concepts and Rules of Evidence
examples with questions that start out simply and gradually build in complexity
thorough explanations of how to analyze the questions in the examples
a "plain language" version of the Federal Rules of Evidence, complete with new amendments to the Rules
generous use of visual aids—tables and charts—that illustrate key concepts

Still fewer than 350 pages, the Seventh Edition includes:

discussion of Giles v. California, concerning Hearsay and the Confrontation Clause
analysis of newly-adopted Rule 502, regarding inadvertent waiver of the attorney-client privilege, with a plain-language explanation in the Appendix
a flow chart that illustrates the proper sequence of analysis for relevance and hearsay exclusions & exceptions as applied to an out-of-court statement
a new chart that illustrates character evidence with regard to the propensity inference

Examples & Explanations: Evidence, Seventh Edition, is a current and time-proven resource that you can recommend to your students with confidence.

Product Details

ISBN-13: 9780735584792
Publisher: Wolters Kluwer Law & Business
Publication date: 05/19/2009
Pages: 320
Product dimensions: 6.90(w) x 9.90(h) x 0.80(d)

Table of Contents

Table of Contents




Chapter 1: The General Requirement of Relevance


The Basic Standard and Its Application

Unfair Prejudice

Limited Admissibility

Conditional Relevance

Recurring Situations


Similar Happenings

Statistical Proof\x09

Chapter 2: Specific Exclusions of Relevant Material



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Nolo Contendere and Withdrawn Guilty Pleas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"


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


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


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


GeneralCompetency 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


Topics for Expert Testimony

Qualification as an Expert

Type of Data

Testimony Based on Scientific Experiments

Style of Testimony\x09

Chapter 7: Privileges


Attorney-Client Privilege

Spousal Communications




Governmental Executives and Informers

Chapter 8: Authentication and the Original Writing Rule



Original Writing Rule

Chapter 9: Presumptions



The Federal Rules Choice

Production and Persuasion Burdens Defined and Compared

Criminal Cases

Chapter 10: Judicial Notice


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


Table of Cases


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