Lexis Nexis California Evidence Advocacy in the Age of Statutes
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Product description
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California Evidence Advocacy in the Age of Statutes helps attorneys and other legal professionals develop an advocacy style suited for the “Age of Statutes.” The text attempts to do so in three ways:
First, every chapter of the text cites the relevant Code section by number and uses bolding to highlight the crucial language in each statute. Hopefully, it will become second nature to both cite and quote. The intent is to raise the reader’s consciousness of the precise wording of the Code sections.
Second, Appendix A is designed to help the reader find the Code sections relevant to his or her evidentiary issue. In some respects, the Code is poorly organized; it does not deal with evidentiary issues in the sequence in which litigators normally think of them. Chapter 2 presents a simple, logical sequence for analyzing evidentiary issues. Appendix A repeats the sequence and annotates it by citing the Evidence Code sections most relevant to each step in the sequence. The organization of this text reinforces that sequence; the chapters cover the evidentiary doctrines in the very same order as they are listed in Appendix A.
Thirdly and most importantly, Appendix B is designed to help the litigator preparing a filing or making an oral argument quickly find the specific relevant Evidence Code section and the key language. Using the terminology employed in Chapters 3-31, Appendix B lists evidentiary doctrines in alphabetical order. In some cases, Appendix B double lists the doctrines to make it even easier to find the governing statute.
Reading California Evidence Advocacy in the Age of Statutes in its entirety will make the reader more conscious of and sensitive to the exact wording of C.E.C. provisions.
Whenever possible, point the judge directly to the word, phrase, clause, or sentence that should dictate that the judge rule in your favor on the evidentiary point.
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Featured Authors
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 The First Takeaway: A Textualist Mindset for Construing the California Evidence Code
Chapter 2 The Second Takeaway: An Understanding of the Simple Structure of the Evidence Law Codified in the C.E.C.
I. PROCEDURE
Chapter 3 Related Procedures
II. ADMISSIBILITY
The Competency of Prospective Witnesses
Chapter 4 The General Requirements
Chapter 5 Special Status Rules
Logical Relevance
Chapter 6 Facial and Underlying Logical Relevance
Chapter 7 Authentication
Chapter 8 The Validation of a Scientific Methodology
Chapter 9 Rules Limiting the Admissibility of Logically Relevant Evidence
Legal Irrelevance Exclusionary Rules Targeting the Trier of Fact
Chapter 10 The Trial Judge’s General Authority Under California Evidence Code Section 352
Chapter 11 Character, Habit, and Other Acts Evidence Offered on the Historical Merits
Chapter 12 Credibility Evidence
Exclusionary Rules Targeting the Witness
------Hearsay
Chapter 13 The Definition of Hearsay
Chapter 14 The Admission Exception to the Hearsay Rule
Chapter 15 Documentary Hearsay Exceptions That Do Not Require a Showing of the Declarant’s Unavailability
Chapter 16 Nondocumentary Hearsay Exceptions That Do Not Require a Showing of the Declarant’s Unavailability
Chapter 17 Hearsay Exceptions That Require a Showing of the Declarant’s Unavailability
Chapter 18 Miscellaneous Hearsay Exceptions Useful in Civil Estate, Family, and Property Litigation
Chapter 19 Miscellaneous Hearsay Exceptions Useful in Criminal Cases
Chapter 20 A Residual Hearsay Exception
-----Opinion Evidence
Chapter 21 Lay Opinion Testimony
Chapter 22 Expert Opinion Testimony
-----Best Evidence
Chapter 23 The Secondary Evidence Act Exclusionary Rules Targeting Out-of-Court Actors
Chapter 24 A General Overview of Communications Privileges
Chapter 25 Important Aspects of the Most Frequently Encountered Communications Privileges
Chapter 26 Government Privileges
Chapter 27 Topical Privileges for Political Votes and Trade Secrets
Chapter 28 Quasi-Privilege Rules That Are Based in Part on Extrinsic Social Policy
III. SUFFICIENCY
Chapter 29 The Formal Presentation of Evidence by a Party: The Initial Burden of Production or Going Forward and the Legal Sufficiency of the Evidence
Chapter 30 The Formal Presentation of Evidence by a Party: The Ultimate Burden of Proof and the Factual Sufficiency of the Evidence
Chapter 31 Judicial Notice and Stipulations Between the Parties
Chapter 32 Conclusion
Appendix A
Appendix B
Index
