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Problems and Materials in Evidence and Trial Advocacy 2-Volume Set

Publisher: NITA

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Print Book :2 volumes, softbound
6th Edition
ISBN/ISSN: 9781601567789
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eBook :epub
6th Edition
ISBN/ISSN: 9781601567796
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eBook :mobi
6th Edition
ISBN/ISSN: 9781601567796
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Product details

In this newly updated two-volume set, Robert Burns, Steven Lubet, and Richard Moberly have carefully developed these case files in order to provide for completely integrated courses in evidence and trial advocacy.

Volume One of Problems and Materials in Evidence and Trial Advocacy contains two relatively detailed case files, quite similar to the material a trial lawyer may have as he or she approaches trial. The first file is a murder case, where the issue is the identity of the killer and the defendant is the estranged husband of the victim. The second file is a civil action for defamation brought by a former employee against her very wealthy employer. The cases are designed to raise realistic and challenging issues in trial theory and practice and in the law of evidence.

Volume Two of Problems and Materials in Evidence and Trial Advocacy is designed as the workbook for coordinated courses in Evidence and Trial Advocacy. It contains over three hundred problems in evidence law and over sixty exercises in trial advocacy.

Law professors may request the teaching notes for this publication by emailing

Table of contents



State v. Mitchell

      Special Instructions for a Bench Trial

Grand Jury Indictment

Testimony at First Trial
      Brooke Thompson
      Officer Pat Slyviak
      Exhibit 16—Testimony of Maria
      Exhibit 12—Wilson Studios Letter
      Exhibit 17—Anonymous Letter to Police
      Defendant Joe Mitchell

      Quinn Washington
      Raleigh Porter
      Chris Ravenna

      Street Diagram
      Diagram of Portion of Premises at 1751
      Section Map of Nita City, Nita
      Full-Body Photo of Leslie Mitchell
      Close-up Photo of Leslie Mitchell
      Photo of Front Door
      Photo of Front of Joe's Handwritten Note to Leslie
      Police Custodian's Property Log
      Sgt. John Pierce Background Information
      Crime Lab Report
      Coroner's Report

Jury Instructions
Verdict Form

MacIntyre v. Easterfield

      Special Instructions for Use as a Full Trial
      Required Stipulations for Full Trial

      Jesse MacIntyre
      Ross Easterfield
      Kerry Easterfield
      Reverend MacKenzie Taylor
      Kelly Emerson
      Reeve Winsor
      Lee Marlow

      Floor Plan of Easterfield's House
      Bus Schedule and Certification
      Church Certification and Mass Schedule
      Partial Transcript of MacIntyre's Guilty Plea
      Partial Transcript of Alice Adams Deposition
      Application for Personal Loan
      Nita Revised Statutes
      Statement of Jesse MacIntyre
      Letter to Reverend Taylor
      Letter from Reverend Taylor
      Statement of Mike Stiko
      Nita Prison Review Board Order and Certification
      Letter from Reverend Taylor to Nita Transit

Nita Criminal Code
Statement of Reeve Winsor
Bank Statement of Ross Easterfield
Deposition Transcript of Maria Zanoni
Bill of Sale for Pendant
Ross Easterfield's Desk Calendar
Easterfield’s Letter to Insurance Company
Application to ABC Employment Agency
Peter Steinfels' Opinion Letter and Resume
Jesse MacIntyre's School Record
Nita Tribune Classified Ad
Video-Recorded Interview—Martha Van Kirk
Email from Lee Marlow to Nita City Athletic Club Board Members
Memorandum Order
Jury Instructions
Verdict Forms
Memorandum of Law


Section One: Problems, Questions, and Exercises in Evidence
Learning Evidence and How to Prepare for Class
I.  Introductory Problems on Hearsay (Problems 1-8)
II.  Relevance (Problems 9-72)
III.  Writings and Exhibits (Problems 73-97)
IV.  Witness Examination and Rulings on Evidence (Problems 98-111)
V.  Impeachment and Rehabilitation (Problems 112-148)
VI.  Burden of Proof and Presumptions (Problems 149-154)
VII.  Opinion Testimony (Lay and Expert) (Problems 155-183)
VIII.  Privileges (Problems 184-213)
IX.  Hearsay (Problems 214-304)
X.  Judicial Notice (Problems 305-312)
XI.  Concluding Questions (Problems 313-315)

Section Two: Trial Advocacy Problems

I.  Storytelling (Problems 1–2)
II.  Basic Direct and Cross-Examination 3-15)
III.  Introduction of Exhibits (Problems 16–33)
IV.  Character Evidence (Problems 34–39)
V.  Impeachment (Problems 40–45)
VI.  Adverse Examination (Problems 46–48)
VII.  Advanced Direct and Cross-Examination (Lay and Expert) (Problems 49–74)
VIII.  Expert Witnesses (Problems 55–56)
           Appraisal of Real Estate
IX.  Opening Statements (Problems 57–58)
X.  Final Arguments (Problems 59–60)
XI.  Jury Selection (Problems 61–62)