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Lexis Nexis Evidentiary Foundations
Evidentiary Foundations provides sample lines of questioning that demonstrate how to lay the foundation for admitting various kinds of evidence. It also includes a brief discussion of the underlying legal principles, based on modern common law and the applicable Federal Rules of Evidence.
Publisher: Matthew Bender
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Product details
Edward Imwinkelried's Evidentiary Foundations has sold more than 125,000 copies in its publication life. This time-tested evidence treatise covers all the major evidentiary doctrines, and includes expert analysis of statutory developments along with discussions of the presentation of hard copy exhibits in court using document cameras and the presentation of digital exhibits using monitors or projection screens. Detailed explanations of evidence principles include:
• A brief description of the pertinent Federal Rules of Evidence and the most recent leading cases construing the Rules
• A list of foundational elements-the events and facts you need to lay a complete foundation
• An illustrative foundation showing how each question relates to a particular element of the foundation
The Tenth Edition includes coverage of new topics such as:
• Rule 902(13), effective December 1, 2017, providing for the self-authentication of records automatically generated by an electronic process;
• Rule 902(14), also effective December 1, 2017, providing for the self-authentication of data copied from an electronic device, storage medium, or file;
• The use of virtual reality technology to convey information to the trier of fact; and
• The significance of Ohio v. Clark, 135 S. Ct. 2173, 192 L. Ed. 2d 306 (2015), addressing the question of whether a child’s out-of-court statements to a teacher who is concerned about potential child abuse are “testimonial” under the Sixth Amendment Confrontation Clause.
The edition also updates the analysis of several topics including the authentication of social media postings.
Authors / Contributors
Edward J. Imwinkelried
Edward J. Imwinkelried
Edward J. Imwinkelried is the Edward L. Barrett, Jr. Professor of Law Emeritus at UC Davis School of Law. A nationally recognized expert on subjects such as DNA typing, forensic psychiatry, and laser techniques for fingerprint detection, Professor Imwinkelried is the author of more than 200 books and other publications. He is frequently called upon for advice on privileges and the admissibility of evidence of other crimes, and his treatise Scientific Evidence is considered authoritative. Professor Imwinkelried served as an army lawyer in the XXIV Corps and 196th Light Infantry Brigade in Vietnam in 1971-1972. He went on to become a lecturer on evidence, criminal procedure, crimes and trial advocacy in the Criminal Law Division of the Judge Advocate General's School in Virginia, then a Professor of Law at the University of San Diego and Washington University before coming to UC Davis in 1985. He has also taught as a Visiting Professor at the Ohio State University, the University of Illinois, University of Houston, and University College Dublin.
Table of Contents
Chapter 1. Introduction
Chapter 2. Related Procedures
Chapter 3. The Competency of Witnesses
Chapter 4. Authentication
Chapter 5. Rule 403 and Legal Relevance Limitations on Credibility Evidence
Chapter 6. Legal Relevance Limitations on Evidence That Is Relevant to the Historical Merits of the Case
Chapter 7. Privileges and Similar Doctrines
Chapter 8. The Best Evidence Rule
Chapter 9. Opinion Evidence
Chapter 10. The Hearsay Rule, Its Exemptions, and Its Exceptions
Chapter 11. Substitutes for Evidence
