Evidence: Cases, Materials, and Problems, Fourth Edition
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***Now available for eBook purchasers! Introducing LexisNexis® Evidence Challenge, an interactive and role-based exam preparation tool included as an enhancement to your eBook purchase of this publication. Solve realistic Evidence problems in a virtual courtroom with links to the new Evidence Challenge, which also provides you with real-time feedback on your performance and direction on where to focus your studies. If you choose to purchase a print or loose-leaf version of this text, access to Evidence Challenge can be purchased separately at the Evidence Challenge web site
Evidence: Cases, Materials, and Problems is predicated more than ever on the notion that the Federal Rules of Evidence, their state progeny, and cases arising under them, are the major factors in the teaching of Evidence today. The authors have made some changes to build the book more explicitly around the Rules. Interesting or informative cases or materials from other jurisdictions or the common law are still included where those materials shed light on an issue or impart perspective by showing other ways of doing things. For instance, the significant differences such as those in California are highlighted while the authors still use the Federal Rules as the basic organizing principle for this edition. The general plan of the book is this. Each section starts out with a directive to read a particular rule or portion thereof. This may be followed by a brief background explanation of the area, if needed. Then come some essential and teachable cases and other primary materials, each usually followed by a set of expository notes (including some questions) exploring permutations and implications, and finally, some problems testing whether students can apply or critique what they have learned and integrate it with other topics and rules where necessary. Each note, question, or problem has a heading indicating what it treats, so that professors are able to identify the subjects they wish to cover, while students receive direction about the intended focus of each inquiry. The materials in this book cover a wide range of perspectives from intensely pragmatic concerns, through deeply philosophical policy issues, to new approaches to evidentiary analysis. Included are textual explanations, rules, cases, notes, questions, problems, jury instructions, articles, proposals, legislation, and excerpted testimony. Assignments may be tailored to suit the teacher's own preferences on how to best approach Evidence in an introductory course.
From both Professor Rothstein and Professor Crump: To our beloved co-author Myrna Raeder, who did not see the publication of this volume, but whose work runs through all of it, and whose insight, wisdom and good humor stay with us after all these years.
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Table of Contents
PART I ORIENTATION
Chapter 1 BACKGROUND, THEORY, AND BASIC PROCEDURES
PART II PRIMARILY RELEVANCY-RELATED RULES
Chapter 2 RELEVANCY AND ITS COUNTERWEIGHTS
Chapter 3 RELEVANCY AND ITS COUNTERWEIGHTS CONTINUED
PART III PRIMARILY RELIABILITY-RELATED RULES
Chapter 4 COMPETENCY, EXAMINATION, AND CREDIBILITY OF WITNESSES
Chapter 5 RELIABILITY OF OPINION TESTIMONY
Chapter 6 SCIENTIFIC AND PROBABILISTIC EVIDENCE
Chapter 7 THE HEARSAY RULE
Chapter 8 EXEMPTIONS FROM THE HEARSAY RULE
Chapter 9 THE "STRONG" HEARSAY EXCEPTIONS
Chapter 10 THE "WEAK" HEARSAY EXCEPTIONS
Chapter 11 CONSTITUTIONAL CONSIDERATIONS
Chapter 12 WRITINGS AND EXHIBITS
PART IV PURELY SOCIAL POLICY RULES
Chapter 13 PRIVILEGES
PART V SHORTCUTS
Chapter 14 JUDICIAL NOTICE
Chapter 15 BURDENS AND PRESUMPTIONS