Lexis Nexis Understanding Federal and California 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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To purchase a printed version of this title, please visit www.caplaw.com.
***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
The California edition expands the latest edition of the well-established treatise Understanding Evidence to explore California's unique approach. Each chapter begins with the federal doctrine, followed by a section on how California approaches the topic. The Appendices include the California Evidence Code. The book is primarily intended as a reference for law school civil procedure students in California. However, its treatment of recent developments may make it useful to some practitioners as well.
This Understanding treatise presents the essential topics in evidence law cogently and concisely. While it was written primarily for students in Evidence and Trial Practice courses, the "Key Points" summary at the end of each chapter and the inclusion of the current Federal Rules of Evidence in an appendix make this treatise an excellent reference for busy attorneys. Understanding Evidence begins with an overview of Evidence law followed by an explanation of the roles of the judge and jury. The remaining chapters are organized under the following topics:
• Procedural Framework of Trial
• Relevancy
• Witnesses
• Real and Demonstrative Evidence
• Writings
• Hearsay
• Privileges
• Substitutes for Evidence
This treatise extensively discusses and cites the Federal Rules of Evidence. Cases, statutes, other rules, and secondary sources are also cited, providing a comprehensive framework for understanding evidence law.
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Featured Authors
Paul C. Giannelli
Paul C. Giannelli is the Albert J. Weatherhead III & Richard W. Weatherhead Professor of Law Emeritus at Case Western Reserve University. Professor Giannelli has written extensively in the field of evidence and criminal procedure, especially on the topic of scientific evidence. He has published articles in the Columbia, Virginia, Vanderbilt, Wisconsin, Ohio State, Hastings, Cardozo, and Case Western Reserve law reviews, as well as in the Journal of Criminal Law & Criminology (Northwestern University), Criminal Law Bulletin, and the American Criminal Law Review (Georgetown University). He has also published in interdisciplinary journals, such as the International Journal of Clinical & Experimental Hypnosis, the New Biologist, Profiles in DNA, the Journal of Legal Medicine, and the Journal of Forensic Science.
He has authored nine books. Among them are: Understanding Evidence (5th ed. 2018) (Carolina Academic Press/LexisNexis); Cases and Materials on Evidence (7th ed. 2006) (with Broun & Mosteller); Scientific Evidence (6th ed. 2020) (LexisNexis/Matthew Bender) (with Imwinkelried); and Courtroom Criminal Evidence (6th ed. 2016) (Michie/LexisNexis) (with Imwinkelried, Gilligan & Lederer).
Professor Giannelli's work has been cited in hundreds of court opinions and legal articles, including the decisions of the U.S. Supreme Court in United States v. Scheffer (1998); Daubert v. Merrell Dow Pharmaceuticals, Inc. (1993); Hudson v. Palmer (1984); Barefoot v. Estelle (1983). He currently serves as Reporter for the American Bar Association Criminal Justice Standards on Biological Evidence and co-chair for the ABA Ad Hoc Committee on Innocence. In 2019, he was awarded with the 2019 Wigmore Lifetime Achievement Award by the American Association of Law Schools Evidence Section.
Table of contents
Chapter 1 OVERVIEW OF EVIDENCE LAW
Chapter 2 ROLES OF JUDGE AND JURY: FRE 614
Part A: Procedural Framework
Chapter 3 STAGES OF TRIAL
Chapter 4 BURDENS OF PROOF
Chapter 5 PRESUMPTIONS AND INFERENCES: FRE 301
Chapter 6 OBJECTIONS AND OFFERS OF PROOF: FRE 103
Chapter 7 PRELIMINARY QUESTIONS OF ADMISSIBILITY: FRE 104
Chapter 8 LIMITED ADMISSIBILITY: FRE 105
Part B: Relevancy
Chapter 9 RELEVANCY AND ITS LIMITS: FRE 401–403
Chapter 10 CHARACTER EVIDENCE: FRE 404, 405, 412–15
Chapter 11 OTHER-ACTS EVIDENCE: FRE 404(b)
Chapter 12 HABIT EVIDENCE: FRE 406
Chapter 13 SUBSEQUENT REMEDIAL MEASURES:FRE 407
Chapter 14 COMPROMISES AND OFFERS: FRE 408
Chapter 15 MEDICAL PAYMENTS: FRE 409
Chapter 16 CRIMINAL PLEAS AND OFFERS: FRE 410
Chapter 17 LIABILITY INSURANCE: FRE 411
Part C: Witnesses
Chapter 18 WITNESS COMPETENCY: FRE 601, 603, 605, 606
Chapter 19 SEQUESTRATION OF WITNESSES: FRE 615
Chapter 20 EXAMINATION OF WITNESSES: FRE 611
Chapter 21 REFRESHING RECOLLECTION: FRE 612
Chapter 22 WITNESS CREDIBILITY: FRE 607–609, 613
Chapter 23 LAY WITNESSES: FRE 602 AND 701
Chapter 24 EXPERT TESTIMONY: FRE 702, 704, 706
Chapter 25 BASES OF EXPERT TESTIMONY: FRE 703 AND 705
Part D: Real and Demonstrative Evidence
Chapter 26 REAL AND DEMONSTRATIVE EVIDENCE
Chapter 27 PHOTOGRAPHS, TAPES, AND VOICE IDENTIFICATIONS
Chapter 28 AUTHENTICATION OF WRITINGS: FRE 901–903
Part E: Writings
Chapter 29 RULE OF COMPLETENESS: FRE 106
Chapter 30 "BEST EVIDENCE" RULE: FRE 1001–1008
Part F: Hearsay
Chapter 31 HEARSAY RULE: FRE 801(a)-(c), 802, 805, 806
Chapter 32 HEARSAY EXEMPTIONS: FRE 801(d)
Chapter 33 HEARSAY EXCEPTIONS: FRE 803
Chapter 34 HEARSAY EXCEPTIONS-UNAVAILABLE DECLARANT: FRE 804
Chapter 35 RESIDUAL EXCEPTION: FRE 807
Chapter 36 RIGHT OF CONFRONTATION
Part G: Privileges
Chapter 37 PRIVILEGES: FRE 501
Chapter 38 ATTORNEY-CLIENT PRIVILEGE
Chapter 39 SPOUSAL AND FAMILY PRIVILEGES
Chapter 40 DOCTOR AND PSYCHOTHERAPIST PRIVILEGES
Chapter 41 OTHER PRIVATE PRIVILEGES
Chapter 42 GOVERNMENTAL PRIVILEGES
Chapter 43 PRIVILEGE AGAINST SELF-INCRIMINATION
Part H: Substitutes for Evidence
Chapter 44 JUDICIAL NOTICE: FRE 201
Chapter 45 STIPULATIONS
APPENDIX A FEDERAL RULES OF EVIDENCE
APPENDIX B 18 U.S.C. § 3509 CHILD VICTIMS' AND CHILD WITNESSES' RIGHTS
APPENDIX C 18 U.S.C. § 3510 RIGHTS OF VICTIMS TO ATTEND AND OBSERVE TRIAL
APPENDIX D 18 U.S.C. § 3771 CRIME VICTIMS' RIGHTS
APPENDIX E CALIFORNIA EVIDENCE CODE
APPENDIX F FEDERAL-CALIFORNIA CONVERSION CHART
APPENDIX G SELECTED FEDERAL-CALIFORNIA COMPARISON TABLE OF CASES
TABLE OF CASES
INDEX
