Principles of Evidence

IRVING YOUNGER (1932-1988); MICHAEL GOLDSMITH (1951-2009); DAVID A. SONENSHEIN, Jack E. Feinberg Professor of Litigation, Temple University Beasley School of Law; ANTHONY J. BOCCHINO, Professor of Law, Temple University Beasley School of Law
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ISBN: 9780769881959
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Principles of Evidence provides students with an enriched blend of cases, rules, and scholarly and trial excerpts which connect theory and practice for courtroom evidence. To attain this goal, the authors have supplemented the traditional case method in two significant ways. First, because the law of evidence has engendered a vast and rich literature, the authors have drawn extensively, but selectively, on these scholarly writings to provide the initial insight and sense of perspective on the principles of evidence. Each article excerpts is chosen for its ability to concisely explain the evidentiary rule.

Second, the authors have included numerous transcript materials from celebrated trials. These transcript excerpts from cases like the trials of Lizzie Borden, O.J. Simpson, John Scopes, Alger Hiss, the Rosenbergs, Charles Manson, and Sacco and Vanzetti bring evidence theory to life in the courtroom. These excerpts enable students to see how the foundations are laid and objections made.

The Sixth Edition of Principles of Evidence is now accompanied by a Teacher’s Manual. The Teacher’s Manual provides a general statement of the law, detailed explanation of the cases, and teaching tips for focusing classroom discussion on the transcript excerpts.

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.

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Table of Contents

Chapter I INTRODUCTION: THE CONCEPT OF EVIDENCE

Chapter II PRELIMINARY MATTERS

A. ALTERNATIVES TO FORMAL PROOF

B. TYPES OF FORMAL PROOF

C. BASIC CONDITIONS OF ADMISSIBILITY

D. PRELIMINARY QUESTIONS OF FACT: THE ROLE OF JUDGE AND JURY

E. AUTHENTICATION OF DOCUMENTS-ELECTRONIC EVIDENCE

Chapter III THE EXAMINATION OF WITNESSES

A. TESTIMONIAL COMPETENCE

B. INTERROGATION OF WITNESSES

C. RELIANCE ON INADMISSIBLE DATA

D. IMPEACHMENT, CROSS-EXAMINATION, AND RELATED PROBLEMS

Chapter IV RELEVANCY REFINED

A. MATHEMATICAL PROOF

B. SUBSTANTIVE CHARACTER EVIDENCE

C. OTHER EXAMPLES OF LEGAL RELEVANCE

Chapter V THE HEARSAY RULES

A. THE RULE AGAINST HEARSAY

B. RATIONALE FOR THE RULE

C. DEFINING HEARSAY-BASIC CONCEPTS

D. THE APPLICATION OF BASIC CONCEPTS

E. CONDUCT AND IMPLIED STATEMENTS

F. DEFINING THE HEARSAY DECLARANT

G. NON-HEARSAY STATEMENTS ADMISSIBLE FOR THEIR TRUTH

H. EXCEPTIONS TO THE RULE AGAINST HEARSAY

I. CONFRONTATION AND HEARSAY

Chapter VI PRIVILEGES

A. INTRODUCTION

B. THE EXECUTIVE PRIVILEGES

C. THE ATTORNEY-CLIENT PRIVILEGE

D. THE PRIVILEGE FOR MARITAL COMMUNICATIONS

E. THE PHYSICIAN-PATIENT PRIVILEGE

F. THE PRIEST-PENITENT PRIVILEGE

G. THE NEWSGATHER'S PRIVILEGE

Chapter VII BURDENS AND PRESUMPTIONS