Problems and Simulations in Evidence
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Subscribers receive the product(s) listed on the Order Form and any Updates made available during the annual subscription period. Shipping and handling fees are not included in the annual price.
Subscribers are advised of the number of Updates that were made to the particular publication the prior year. The number of Updates may vary due to developments in the law and other publishing issues, but subscribers may use this as a rough estimate of future shipments. Subscribers may call Customer Support at 800-833-9844 for additional information.
Subscribers may cancel this subscription by: calling Customer Support at 800-833-9844; emailing customer.support@lexisnexis.com; or returning the invoice marked 'CANCEL'.
If subscribers cancel within 30 days after the product is ordered or received and return the product at their expense, then they will receive a full credit of the price for the annual subscription.
If subscribers cancel between 31 and 60 days after the invoice date and return the product at their expense, then they will receive a 5/6th credit of the price for the annual subscription. No credit will be given for cancellations more than 60 days after the invoice date. To receive any credit, subscriber must return all product(s) shipped during the year at their expense within the applicable cancellation period listed above.
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Using both problems and simulations, this set of materials is designed to teach the reader to approach Evidence in a systematic manner; to analyze both legal doctrine and the factual setting in which that doctrine works. Perhaps the most unique aspect of these materials is the use of simulation. While many of the simulations contained in this book are done in the classroom and involve direct and cross-examination, many others involve non-courtroom situations and are designed to be performed outside the classroom. Many of the simulations performed outside the classroom are followed by questionnaires. When these questionnaires are answered after the exercise, they should provide immediate feedback on the reader's understanding of the evidentiary principles involved. Like the prior edition published in 2004, this new edition analyzes both legal doctrine and the factual setting in which that doctrine works, thus allowing professors to teach evidence in a systematic manner. Problems and Simulations also enables professors to integrate practical skills and values into their evidence course. Additionally:
• Each chapter in the book includes realistic examples of how the evidentiary rule discussed is used in practice;
• The problems within each chapter or section begin with basic concepts and build in complexity;
• Many problems are presented in the context of witness examinations (often word for word from transcripts);
• There are problems involving interviewing, counseling, negotiation, fact investigation, office policies and the like; and
• Simulations are also included with the problems and integrated throughout the book
While many of the simulations included in the book are to be used in the classroom and involve direct and cross-examination. There are also many simulations involving non -courtroom situations that can be performed outside the classroom. The simulations performed outside the classroom are followed by questionnaires designed to provide immediate feedback on students understanding of the evidentiary principles involved.
This new edition also contains two Performance Tests to expose students to the type of examination they likely will take after law school. The author originally wrote these performance tests for the California Bar Examination as a member of its Performance Test Editing Team.
Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.
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Table of contents
INTRODUCTION xi
Chapter 1. RELEVANCY 1
Chapter 2. COMPETENCY, PERSONAL KNOWLEDGE AND OATH OR AFFIRMATION 7
Chapter 3. FORM OF THE QUESTION 13
Chapter 4. HEARSAY 19
A. The Hearsay Rule 19
B. Prior Statements 22
C. Admissions 25
D. Spontaneous Declarations 28
E. Records 32
F. Additional Exceptions 38
G. Preliminary Review 39
H. Unavailability Required 40
I. Constitutional Concerns 43
Chapter 5. LAY AND EXPERT OPINIONS 47
Chapter 6. AUTHENTICATION 57
Chapter 7. THE ORIGINAL DOCUMENT RULE 61
Chapter 8. REAL, ILLUSTRATIVE, EXPERIMENTAL AND SCIENTIFIC EVIDENCE 67
Chapter 9. RULES OF RELEVANCE 71
A. Subsequent Remedial Measures 71
B. Compromise and Offers To Compromise 71
C. Payment Of Medical and Similar Expenses 73
D. Pleas, Plea Discussions, and Related Statements 74
E. Liability Insurance 75
F. Habit; Routine Practice; Introduction To Character 76
G. Character Evidence For Substantive Purposes 77
H. Sex Offense Cases 81
Chapter 10. CROSS-EXAMINATION AND IMPEACHMENT 87
A. Cross-Examination Generally 87
B. Who Can You Impeach? 88
C. Is It Proper Subject Matter? 88
D. Prior Inconsistent Statements 88
E. Bias, Interest, Corruption 90
F. Capacity 91
G. Convictions 91
H. Bad Acts 93
I. Opinion or Reputation 94
J. Rehabilitation 95
K. Constitutional Implications 95
Chapter 11. JUDICIAL NOTICE 97
Chapter 12. PRIVILEGES 99
A. Attorney-Client 99
B. Physician-Patient 102
C. Spousal Privileges 102
Chapter 13. BURDENS OF PROOF AND PRESUMPTIONS 105
A. Burdens of Proof 105
B. Civil Presumptions 105
C. Criminal Presumptions 105
Chapter 14. INTEGRATION & REVIEW 109
APPENDIX A: State v. Duffy 121
Offense Report 123
Supplemental Offense Report 124
Statement of Sherry Van Donk 125
Statement of Glenda Berg 126
Indictment 127
Warrant for Arrest 128
Search Warrant 129
Details of Arrest 130
Statement of Arlo Duffy 134
Red Barn Food Concession Invoice 133
Letter Dated May 8, Yr-0 133
Letter Dated May 23, Yr-0 134
Record of Arrest 136
Relevant Statutory Provisions 137
APPENDIX B: Donato v. Donato 139
APPENDIX C: Paula v. David and Popular Dry Goods 143
APPENDIX D: In re Berger 147
File 151
Library 167
APPENDIX E: Dodson v. Canadian Equipment Company 179
File 183
Library 197