Evidence Law and Practice, Sixth Edition (2014)
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To purchase a printed version of this title, please visit www.caplaw.com.
This book breaks with tradition to provide both a theoretical and practical understanding of the Federal Rules of Evidence. Under the principle that learning is most effective when it is both challenging and fun, the book includes numerous courtroom-based problems, both to facilitate the students' theoretical understanding of the rules and to develop their ability to apply evidence rules in practice.
Evidence Law and Practice consistently provides examples, practice hints, explanations and illustrations in the form of mini-transcripts. Each chapter begins with a checklist of important questions to be addressed for each subject area, followed by the pertinent provisions of the Federal Rules of Evidence, a subject overview, illustrations, examples, and problems. While appellate court opinions are not the primary text of this book, the ways that judges discuss evidence rules are important and a useful basis for classroom discussions.
Consequently, many chapters provide summarized versions of relevant opinions, and provided web addresses for the opinions.
Features of the Sixth Edition include:
• A new Appendix 2 setting forth California Evidence Code provisions that differ in significant ways from the Federal Rules of Evidence.
• Many of the review problems that were previously in Chapter 19 have been scrapped and replaced by a set of Multiple Choice questions (and answers). Since many Evidence examinations include multiple choice questions, we hope that the revised version of Chapter 19 will be especially helpful to students. The review problems being replaced are available to professors on the LexisNexis Webcourse created for this book.
The Teachers Manual provides answers to every problem, exercise, and role-play. It also includes excerpts from recent scholarship on cutting-edge issues, answers (with explanations) to multiple-choice questions, and teaching hints.
Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.
This book also is available in a heavily discounted, three-hole punched, alternative loose-leaf version printed on 8 ½ x 11 inch paper with wider margins and with the same pagination as the hardbound book.
Table of Contents
Chapter 1 INTRODUCTION TO EVIDENCE
Chapter 2 THE ROLES OF JUDGES, JURIES, AND ATTORNEYS AT TRIAL
Chapter 3 RELEVANCE
Chapter 4 RELEVANT BUT INADMISSIBLE-UNFAIRLY PREJUDICIAL EVIDENCE
Chapter 5 CHARACTER AND HABIT EVIDENCE
Chapter 6 OTHER EXCLUSIONS OF RELEVANT EVIDENCE: THE QUASI-PRIVILEGES
Chapter 7 THE EXAMINATION AND IMPEACHMENT OF WITNESSES
Chapter 8 LAY OPINION EVIDENCE
Chapter 9 EXPERT OPINION EVIDENCE
Chapter 10 PROTECTING THE ADVERSARY SYSTEM: THE HEARSAY RULE AND THE CONFRONTATION CLAUSE
Chapter 11 NON-HEARSAY PURPOSES FOR OUT-OF-COURT STATEMENTS
Chapter 12 THE ADMISSIBILITY OF TESTIFYING WITNESSES' HEARSAY STATEMENTS
Chapter 13 THE ADMISSIBILITY OF OPPOSING PARTIES' HEARSAY STATEMENTS
Chapter 14 THE ADMISSIBILITY OF HEARSAY STATEMENTS UNDER RULE 803 Chapter 15 ADMISSIBILITY OF HEARSAY STATEMENTS UNDER RULES 804 AND 807
Chapter 16 SHAPING OUTCOMES: BURDENS OF PROOF, PRESUMPTIONS, AND JUDICIAL NOTICE
Chapter 17 PRIVILEGES
Chapter 18 AUTHENTICATION, IDENTIFICATION, AND THE "BEST EVIDENCE" RULE Chapter
19 REVIEW PROBLEMS
Appendix 1 FEDERAL RULES OF EVIDENCE
Appendix 2 CALIFORNIA EVIDENCE CODE: SELECTED EXCERPTS
Table of Cases