Evidence Law and Practice 6th Edition by Steven Friedland, Paul Bergman, Andrew Taslitz – Ebook PDF Instant Download/Delivery: 1630447870 , 978-1630447878
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ISBN 10: 1630447870
ISBN 13: 978-1630447878
Author: Steven Friedland, Paul Bergman, Andrew Taslitz
This book breaks with tradition to provide both a theoretical and practical understanding of the Federal Rules of Evidence. Under the principle that learning is most effective when it is both challenging and fun, the book includes numerous courtroom-based problems, both to facilitate the students’ theoretical understanding of the rules and to develop their ability to apply evidence rules in practice.
Evidence Law and Practice consistently provides examples, practice hints, explanations and illustrations in the form of mini-transcripts. Each chapter begins with a checklist of important questions to be addressed for each subject area, followed by the pertinent provisions of the Federal Rules of Evidence, a subject overview, illustrations, examples, and problems. While appellate court opinions are not the primary text of this book, the ways that judges discuss evidence rules are important and a useful basis for classroom discussions. Consequently, many chapters provide summarized versions of relevant opinions, and provided web addresses for the opinions.
Evidence Law and Practice 6th Table of contents:
Chapter 1 INTRODUCTION TO EVIDENCE
§ 1.01 CHAPTER CHECKLIST
§ 1.02 RELEVANT FEDERAL RULES OF EVIDENCE
§ 1.03 LAWSUITS AND RULES OF EVIDENCE
§ 1.04 THE DIFFERENT MEANINGS OF “EVIDENCE”
§ 1.05 CATEGORIES OF EVIDENCE: REAL; REPRESENTATIVE; AND TESTIMONIAL EVIDENCE
§ 1.06 ANOTHER HELPFUL DISTINCTION — DIRECT OR CIRCUMSTANTIAL EVIDENCE
§ 1.07 EVIDENCE IN THE TRIAL COURTS
§ 1.08 A JURY OF HER PEERS
§ 1.09 CHAPTER REVIEW PROBLEMS
Chapter 2 THE ROLES OF JUDGES, JURIES, AND ATTORNEYS AT TRIAL
§ 2.01 CHAPTER CHECKLIST
§ 2.02 RELEVANT FEDERAL RULES OF EVIDENCE
§ 2.03 INTRODUCTION
§ 2.04 THE TRIAL JUDGE’S ROLE
[A] Questions of Admissibility [B] Appellate Judges: The Standard of Review on Appeal§ 2.05 THE JURY’S ROLE
§ 2.06 THE ATTORNEY’S ROLE
§ 2.07 SUMMARY AND REVIEW
§ 2.08 CHAPTER REVIEW PROBLEMS
Chapter 3 RELEVANCE
§ 3.01 CHAPTER CHECKLIST
§ 3.02 RELEVANT FEDERAL RULES OF EVIDENCE
§ 3.03 THE IMPORTANCE OF RELEVANCE
§ 3.04 DEFINING RELEVANCE
§ 3.05 CONDITIONAL RELEVANCE
§ 3.06 COMPARING RULES
§ 3.07 SUMMARY AND REVIEW
§ 3.08 CHAPTER REVIEW PROBLEMS
§ 3.09 CASE LIBRARY — KNAPP V. STATE
Chapter 4 RELEVANT BUT INADMISSIBLE — UNFAIRLY PREJUDICIAL EVIDENCE
§ 4.01 CHAPTER CHECKLIST
§ 4.02 RELEVANT FEDERAL RULES OF EVIDENCE
§ 4.03 INTRODUCTION
§ 4.04 PROBABILITY EVIDENCE OF IDENTITY IN A CRIMINAL CASE
§ 4.05 EVIDENCE OF EXCESSIVE VIOLENCE
§ 4.06 SCIENTIFIC EVIDENCE
§ 4.07 SIMILAR OCCURENCES, HAPPENINGS, AND EVENTS
§ 4.08 SUMMARY AND REVIEW
§ 4.09 CHAPTER REVIEW PROBLEMS
§ 4.10 CASE LIBRARY
Chapter 5 CHARACTER AND HABIT EVIDENCE
§ 5.01 CHAPTER CHECKLIST
§ 5.02 RELEVANT FEDERAL RULES OF EVIDENCE
§ 5.03 CHARACTER EVIDENCE BASICS
[A] Defining “Character Evidence” [B] Act Versus Mental Propensity Evidence: The General Rules: Rules 404(a) and 405(b)§ 5.04 FORMS OF CHARACTER EVIDENCE
[A] Admissibility of Reputation, Opinion, and Specific Acts Evidence: Rule 404(b), 1st Sentence, Rule 405(a)–(b) [B] Problems on the Form of Character Evidence§ 5.05 LAYING THE FOUNDATION FOR CHARACTER EVIDENCE
[A] Reputation [B] Opinion§ 5.06 EXCEPTIONS TO THE RULE 404(a) PROPENSITY BAN
[A] Admissible Instances of Propensity Evidence [B] Character of the Accused: Rule 404(a)(2)(A) [C] Character of the Victim in Cases Other Than Homicide and Sexual Misconduct: Rule 404(a)(2)(B) [D] Prosecutor Attack on the Criminal Defendant’s Same Character Trait Permitted Once the Defense Has Attacked the Victim on that Trait [E] Character of the Victim in Homicide Cases: Rule 404(a)(2)(C)§ 5.07 SEXUAL OFFENSES AND SEXUAL MISCONDUCT: CRIMINAL AND CIVIL
[A] The Rape Shield Law: Exception to an Exception: Rule 412 [1] The General Rule: Rule 412(a) [2] Exceptions in Criminal Cases: Rule 412(b)(1) [3] Exception in Civil Cases: Rule 412(b)(2) [4] Procedure to Determine Admissibility: Rule 412(c) [B] Character of the Defendant in a Criminal or Civil Sexual Assault or Child Molestation Case: Rule 413, 414, 415§ 5.08 IMPEACHMENT: RULES 404(a)(3), 608, AND 609
[A] Distinction between Impeachment and Substantive Evidence [B] Rule 608 — Impeachment Generally [1] Opinion and Reputation: Rule 608(a) [2] Specific Acts: Rule 608(b) [C] Rule 609-Impeachment by Prior Convictions [1] Felony Convictions: Rule 609(a)(1) [2] Misdemeanor and Crimen Falsi Convictions: Rule 609(a)(2) [3] Special Qualifications to Rule 609 [4] Extrinsic Evidence [5] Eliciting Details of Prior Convictions§ 5.09 MID-CHAPTER REVIEW
[A] Schematic [B] Synthesizing the Rules Studied Thus Far: The Diagrammatic Approach [1] Categorizing Character [2] Mini-Review Problems§ 5.10 NON-PROPENSITY USES OF CHARACTER EVIDENCE: RULES 401, 404(a), 405(b)
§ 5.11 THINGS THAT LOOK LIKE ACT PROPENSITY EVIDENCE BUT ARE NOT
[A] Rule 404(b)-Specific Acts Offered for Non-Character Uses or Mental Propensity Uses [1] General Principles and Problems [a] Purposes Other Than Character [b] Proof of Specific Acts [c] Rule 403 Balancing [d] Problems [2] Motive [3] Opportunity [4] Identity [5] Intent or Knowledge [6] Common Plan, Scheme, or Design [B] Habit§ 5.12 CHARACTER EVIDENCE REVIEW PROBLEMS
§ 5.13 CASE LIBRARY
Chapter 6 OTHER EXCLUSIONS OF RELEVANT EVIDENCE: THE QUASI-PRIVILEGES
§ 6.01 CHAPTER CHECKLIST
§ 6.02 RELEVANT FEDERAL RULES OF EVIDENCE
§ 6.03 OVERVIEW
§ 6.04 SUBSEQUENT REMEDIAL MEASURES: RULE 407
§ 6.05 OFFERS TO COMPROMISE: RULES 408 AND 410
[A] Importance of Compromise in Civil and Criminal Cases [B] Evidence of Civil Settlement Agreements and Negotiations: Rule 408 [C] Plea Bargains and Related Statements in Criminal Cases: Rule 410§ 6.06 PAYMENT OF MEDICAL AND SIMILAR EXPENSES
§ 6.07 LIABILITY INSURANCE: RULE 411
§ 6.08 REVIEW PROBLEMS: SYNTHESIZING THE QUASI-PRIVILEGES
§ 6.09 CASE LIBRARY
Chapter 7 THE EXAMINATION AND IMPEACHMENT OF WITNESSES
§ 7.01 CHAPTER CHECKLIST
§ 7.02 RELEVANT FEDERAL RULES OF EVIDENCE
§ 7.03 EXAMINATION OF WITNESSES
[A] Overview [B] Competency: Who May Testify [C] Requirement of Personal Knowledge [D] Competency of Judges and Attorneys as Witnesses (Rule 605) [E] Competency of Jurors as Witnesses (Rule 606) [F] Sequential Order and Objections to Witness Testimony [G] Witness Strategy [1] General Principles [2] Direct Examination [3] Cross-Examination§ 7.04 IMPEACHMENT OF WITNESSES
[A] Introduction [B] Comparing Intrinsic and Extrinsic Impeachment [C] Common Types of Impeachment [1] Overview [2] Contradiction [3] Bias [4] Convictions of Crime [a] Crimes of Dishonesty or False Statement [b] Felony Convictions [5] Prior Untruthful Acts [6] Testimonial Capacities [7] Prior Inconsistent Statements [8] Poor Character For Truthfulness — Extrinsic Impeachment Only [D] Two-Way Admissibility of Some Prior Inconsistent Statements [E] More Impeachment Problems [F] Rehabilitation of Witnesses [G] Refreshing the Witness’s Memory [H] Impeachment Statutes§ 7.05 SUMMARY AND REVIEW
§ 7.06 CHAPTER REVIEW PROBLEMS
Chapter 8 LAY OPINION EVIDENCE
§ 8.01 CHAPTER CHECKLIST
§ 8.02 RELEVANT FEDERAL RULES OF EVIDENCE
§ 8.03 DISTINGUISHING BETWEEN LAY AND EXPERT TESTIMONY
[A] The Distinction [B] Connection to Conditional Relevance [C] When Laypersons Can Offer Opinions [1] Rationally Based on Perceptions of Witness [2] Collective Facts [3] Skilled Lay Observers [4] Some Caveats§ 8.04 PROBLEMS
Chapter 9 EXPERT OPINION EVIDENCE
§ 9.01 CHAPTER CHECKLIST
§ 9.02 RELEVANT FEDERAL RULES OF EVIDENCE
§ 9.03 NATURE OF EXPERT TESTIMONY
[A] Why Experts Are Needed [B] The Syllogistic Nature of Expert Reasoning [C] Why Special Expert Admissibility Rules Are Needed§ 9.04 PRESENTATION OF EXPERT TESTIMONY
[A] Rule 702 — Helpfulness of Expert Opinion and Qualifications of Expert [B] Direct Examination of Experts [1] The Hypothetical Question and the Four Data Sources [2] Liberalization Under the Federal Rules of Evidence [a] Rule 703 [b] Rule 705 [3] “Or Otherwise” [4] The Ultimate Issue Rule [5] Reasonable Degree of Professional Certainty [6] The Opinion Rule and Out-of-Court Statements [C] Cross-Examination: Scope and Manner§ 9.05 THE MAJOR PREMISES: RELEVANCE AND RELIABILITY OF GENERAL PRINCIPLES AND METHODS
[A] Defining Terms [B] Scientific Evidence [1] The Frye Test [a] The Test Stated [b] Validity v. Reliability [c] Defining the Relevant Field [d] Developmental Stages of Forensic Evidence [2] The Daubert Test [a] Holding and Rationale: Interpreting the Federal Rules of Evidence [b] The Daubert Factors [i] The Factors Stated [ii] Defining “Testability” [iii] The Gatekeeping Function [iv] Procedural Concerns [C] Evidence Based on Technical or Other Specialized Knowledge, Including Social Science§ 9.06 THE MINOR PREMISES
§ 9.07 EXPERT EVIDENCE REVIEW PROBLEMS
Chapter 10 PROTECTING THE ADVERSARY SYSTEM: THE HEARSAY RULE AND THE CONFRONTATION CLAUSE
§ 10.01 CHAPTER CHECKLIST
§ 10.02 RELEVANT FEDERAL RULES OF EVIDENCE
§ 10.03 INTRODUCTION
§ 10.04 HEARSAY DEFINED
§ 10.05 THE HEARSAY RULE AND THE ADVERSARY SYSTEM
[A] Hearsay Rule Protects the Right to Cross-Examine [B] The “Hearsay Dangers” [C] Why Not Admit Hearsay “For What It’s Worth?” [D] “Hearsay Policy” Problems§ 10.06 WHO ARE “DECLARANTS?”
[A] Definitions and Examples [B] “Declarant” Problems§ 10.07 WAS THE STATEMENT MADE “OUT-OF COURT?”
[A] General Rule [B] “Out-of-Court” Problems§ 10.08 WHAT IS A “STATEMENT?”
[A] Definition and Examples [B] Hidden Statements [1] Sub-Assertions [2] Linked Assertions [3] Invisible Assertions [4] Vicarious Assertions [5] Assertive Conduct [6] Implied Assertions [C] “Statement” Problems§ 10.09 COMMON HEARSAY MISCONCEPTIONS
[A] “It’s Not Hearsay If You Paraphrase” [B] “It’s Not Hearsay If the Witness Is Also the Declarant” [C] “The Statement Isn’t Hearsay If It’s Circumstantial Evidence” [D] “It’s Not Hearsay If The Statement Was Made in a Police Officer’s Presence”§ 10.10 HEARSAY REVIEW PROBLEMS
§ 10.11 HEARSAY AND THE CONFRONTATION CLAUSE
§ 10.12 CHAPTER REVIEW PROBLEMS
§ 10.13 CASE LIBRARY
Chapter 11 NON-HEARSAY PURPOSES FOR OUT-OF-COURT STATEMENTS
§ 11.01 CHAPTER CHECKLIST
§ 11.02 RELEVANT FEDERAL RULES OF EVIDENCE
§ 11.03 INTRODUCTION
§ 11.04 STEP TWO OF THE HEARSAY MATRIX: IDENTIFYING AN ASSERTION’S NON-HEARSAY PURPOSE
§ 11.05 STEP THREE OF THE HEARSAY MATRIX: DETERMINING THE RELEVANCE OF A CLAIMED “NON-HEARSAY USE”
§ 11.06 PROBATIVE VALUE VERSUS UNFAIR PREJUDICE
§ 11.07 COMMON NON-HEARSAY USES
[A] Overview [B] Assertion Relevant to Declarant’s State of Mind [C] Assertion Relevant to Listener’s State of Mind [D] Assertion Offered as a “Verbal Act” (aka “Words of Independent Legal Significance” or “Legally Operative Conduct”) [E] Assertion Offered to Contradict (Impeach) Testimony (“Prior Inconsistent Statement”) [F] Assertions Offered to Provide Context and Meaning§ 11.08 CHAPTER REVIEW PROBLEMS
§ 11.09 MULTIPLE-CHOICE REVIEW PROBLEMS
Chapter 12 THE ADMISSIBILITY OF TESTIFYING WITNESSES’ HEARSAY STATEMENTS
§ 12.01 CHAPTER CHECKLIST
§ 12.02 RELEVANT FEDERAL RULES OF EVIDENCE
§ 12.03 INTRODUCTION
§ 12.04 WHY DISTINGUISH EXEMPTIONS FROM EXCEPTIONS?
§ 12.05 LAYING FOUNDATIONS FOR HEARSAY ADMISSIBILITY THROUGH “MINI-TRIALS”
§ 12.06 TESTIFYING WITNESSES’ PRIOR STATEMENTS
[A] Three Categories of Exempt Statements [B] Prior Inconsistent Statements (Rule 801(d)(1)(A)) [C] Prior Consistent Statements (Rule 801(d)(1)(B)) [D] Pretrial Identifications (Rule 801(d)(1)(C))§ 12.07 MULTIPLE-CHOICE REVIEW PROBLEMS
§ 12.08 CASE LIBRARY
Chapter 13 THE ADMISSIBILITY OF OPPOSING PARTIES’ HEARSAY STATEMENTS
§ 13.01 CHAPTER CHECKLIST
§ 13.02 RELEVANT FEDERAL RULES OF EVIDENCE
§ 13.03 INTRODUCTION
§ 13.04 OPPOSING PARTIES’ STATEMENTS AND THE ADVERSARY SYSTEM
§ 13.05 DECLARANT IS THE OPPOSING PARTY (RULE 801(d)(2)(A))
§ 13.06 ADOPTIVE STATEMENTS (RULE 801(d)(2)(B))
§ 13.07 AUTHORIZED STATEMENTS (RULE 801(d)(2)(C))
§ 13.08 EMPLOYEE STATEMENTS (RULE 801(d)(2)(D))
§ 13.09 CO-CONSPIRATOR STATEMENTS (RULE 801(d)(2)(E))
§ 13.10 MULTIPLE-CHOICE REVIEW QUESTIONS
§ 13.11 CASE LIBRARY
Chapter 14 THE ADMISSIBILITY OF HEARSAY STATEMENTS UNDER RULE 803
§ 14.01 CHAPTER CHECKLIST
§ 14.02 RELEVANT FEDERAL RULES OF EVIDENCE
§ 14.03 INTRODUCTION
§ 14.04 TRUSTWORTHINESS
§ 14.05 CONTEMPORANEOUS AND EXCITED UTTERANCES (RULES 803(1) AND (2))
§ 14.06 STATEMENT OF PRESENTLY-EXISTING STATE OF MIND, FEELING OR BELIEF (RULE 803(3))
§ 14.07 STATEMENTS MADE FOR PURPOSES OF MEDICAL DIAGNOSIS OR TREATMENT (RULE 803(4))
§ 14.08 PAST RECOLLECTION RECORDED (RULE 803(5)); REFRESHING RECOLLECTION (RULE 612)
§ 14.09 BUSINESS RECORDS (RULES 803(6), (7))
§ 14.10 PUBLIC RECORDS (RULE 803(8))
§ 14.11 OTHER RULE 803 HEARSAY EXCEPTIONS
[A] Records of Vital Statistics (Rules 803(9), (11)) [B] Family Records (Rule 803(13)) [C] Statements in Dispositive Documents (Rule 803(15)) [D] Statements in Ancient Documents (Rule 803(16)) [E] Market Reports and Commercial Publications (Rule 803(17))§ 14.12 MULTIPLE-CHOICE REVIEW QUESTIONS
§ 14.13 CASE LIBRARY
Chapter 15 ADMISSIBILITY OF HEARSAY STATEMENTS UNDER RULES 804 AND 807
§ 15.01 CHAPTER CHECKLIST
§ 15.02 RELEVANT FEDERAL RULES OF EVIDENCE
§ 15.03 INTRODUCTION
§ 15.04 UNAVAILABILITY
§ 15.05 FORMER TESTIMONY (RULE 804(b)(1))
§ 15.06 DYING DECLARATIONS (RULE 804(b)(2))
§ 15.07 STATEMENTS AGAINST INTEREST (RULE 804(b)(3))
§ 15.08 FORFEITURE BY WRONGDOING (RULE 804(b)(6))
§ 15.09 RESIDUAL HEARSAY (RULE 807)
§ 15.10 MULTIPLE-CHOICE REVIEW PROBLEMS
§ 15.11 CASE LIBRARY
Chapter 16 SHAPING OUTCOMES: BURDENS OF PROOF, PRESUMPTIONS, AND JUDICIAL NOTICE
§ 16.01 CHAPTER CHECKLIST
§ 16.02 RELEVANT FEDERAL RULES OF EVIDENCE
§ 16.03 INTRODUCTION
[A] Burdens of Proof [B] Presumptions (Rule 301) [C] Judicial Notice (Rule 201)§ 16.04 BURDENS OF PROOF
§ 16.05 PRESUMPTIONS IN CIVIL CASES (RULE 301)
§ 16.06 PRESUMPTIONS IN CRIMINAL CASES
§ 16.07 JUDICIAL NOTICE (RULE 201)
§ 16.08 MULTIPLE-CHOICE REVIEW PROBLEMS
§ 16.09 CASE LIBRARY
Chapter 17 PRIVILEGES
§ 17.01 CHAPTER CHECKLIST
§ 17.02 RELEVANT FEDERAL RULES OF EVIDENCE AND PROPOSED (BUT REJECTED) RULES
§ 17.03 INTRODUCTION TO PRIVILEGES
[A] The Definition of Privileged Evidence [B] Federal and State Privileges [C] Sources of Privilege [D] The Operation of Privileges [E] Confidential Communication Privileges Generally [F] Public Policy-Based Privileges Generally§ 17.04 THE FEDERAL RULES OF EVIDENCE APPROACH TO PRIVILEGE
§ 17.05 SOME SPECIFIC PRIVILEGES
[A] The Husband-Wife Privileges — Adverse Spousal Testimony and Confidential Communications [1] The Adverse Spousal Testimony Privilege [2] The Husband-Wife Confidential Communications Privilege [3] Problems [B] The Attorney-Client Privilege [1] Elements of Privilege [2] The Attorney-Client Privilege and the Corporate Client [C] Other Privileges [1] “Work Product” Privilege [2] Psychotherapist-Patient Privilege [3] The Physician-Patient Privilege [4] The Fifth Amendment Privilege Against Self-Incrimination [D] Additional Privilege Problems§ 17.06 EXAMPLES OF STATE LAW PRIVILEGES
§ 17.07 SUMMARY AND REVIEW
§ 17.08 CHAPTER REVIEW PROBLEMS
§ 17.09 CASE LIBRARY
Chapter 18 AUTHENTICATION, IDENTIFICATION, AND THE “BEST EVIDENCE” RULE
§ 18.01 CHAPTER CHECKLIST
§ 18.02 RELEVANT FEDERAL RULES OF EVIDENCE
§ 18.03 AUTHENTICATION AND IDENTIFICATION
[A] Requirement of Authentication [B] Procedures for Authentication§ 18.04 THE BEST EVIDENCE RULE
[A] The Production of Original Documents [B] Exceptions to the Requirement of an Original§ 18.05 SUMMARY AND REVIEW
§ 18.06 CHAPTER REVIEW PROBLEMS
§ 18.07 CASE LIBRARY
Chapter 19 REVIEW PROBLEMS
§ 19.01 PROBLEMS
§ 19.02 ANSWERS
Appendix EXISTING AND PROPOSED FEDERAL RULES OF EVIDENCE
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Tags: Steven Friedland, Paul Bergman, Andrew Taslitz, Evidence Law