Principles of Evidence

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.
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7th Edition
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ISBN: 9781531014827
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This edition of Principles of Evidence, dedicated to Professor Irving Younger, honors his teaching philosophy, considered revolutionary at first inception. Younger was a great believer that the law of evidence was best learned in the context in which it was applied. Focusing on the Federal Rules of Evidence, this edition has modernized Younger's materials with new and easily taught cases together with an opportunity to consider the law in a practice situation. Every substantive chapter has a Practice Dimension, which contains a Practice Law Review summarizing the law for quick reference; Tactical and Practical Considerations impacting the choice to utilize such evidence and the receptiveness of the judge to such proffers; and Problems and Questions that require students to apply the law to real world situations. This volume is accompanied by a teacher's manual stating the focus of cases and application and use of the Practice Dimension materials.

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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