Problems and Simulations in Evidence

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ISBN: 9780327176336
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Using both problems and simulations, this set of materials is designed to teach the reader to approach Evidence in a systematic manner; to analyze both legal doctrine and the factual setting in which that doctrine works. Perhaps the most unique aspect of these materials is the use of simulation. While many of the simulations contained in this book are done in the classroom and involve direct and cross-examination, many others involve non-courtroom situations and are designed to be performed outside the classroom. Many of the simulations performed outside the classroom are followed by questionnaires. When these questionnaires are answered after the exercise, they should provide immediate feedback on the reader's understanding of the evidentiary principles involved. Like the prior edition published in 2004, this new edition analyzes both legal doctrine and the factual setting in which that doctrine works, thus allowing professors to teach evidence in a systematic manner. Problems and Simulations also enables professors to integrate practical skills and values into their evidence course. Additionally:

•   Each chapter in the book includes realistic examples of how the evidentiary rule discussed is used in practice;
•   The problems within each chapter or section begin with basic concepts and build in complexity;
•   Many problems are presented in the context of witness examinations (often word for word from transcripts);
•   There are problems involving interviewing, counseling, negotiation, fact investigation, office policies and the like; and
•   Simulations are also included with the problems and integrated throughout the book

While many of the simulations included in the book are to be used in the classroom and involve direct and cross-examination. There are also many simulations involving non -courtroom situations that can be performed outside the classroom. The simulations performed outside the classroom are followed by questionnaires designed to provide immediate feedback on students understanding of the evidentiary principles involved.

This new edition also contains two Performance Tests to expose students to the type of examination they likely will take after law school. The author originally wrote these performance tests for the California Bar Examination as a member of its Performance Test Editing Team.
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.

Authors / Contributors

Table of Contents

INTRODUCTION xi



Chapter 1. RELEVANCY 1


Chapter 2. COMPETENCY, PERSONAL KNOWLEDGE AND OATH OR AFFIRMATION 7


Chapter 3. FORM OF THE QUESTION 13


Chapter 4. HEARSAY 19

A. The Hearsay Rule 19

B. Prior Statements 22

C. Admissions 25

D. Spontaneous Declarations 28

E. Records 32

F. Additional Exceptions 38

G. Preliminary Review 39

H. Unavailability Required 40

I. Constitutional Concerns 43


Chapter 5. LAY AND EXPERT OPINIONS 47


Chapter 6. AUTHENTICATION 57


Chapter 7. THE ORIGINAL DOCUMENT RULE 61


Chapter 8. REAL, ILLUSTRATIVE, EXPERIMENTAL AND SCIENTIFIC EVIDENCE 67


Chapter 9. RULES OF RELEVANCE 71

A. Subsequent Remedial Measures 71

B. Compromise and Offers To Compromise 71

C. Payment Of Medical and Similar Expenses 73

D. Pleas, Plea Discussions, and Related Statements 74

E. Liability Insurance 75

F. Habit; Routine Practice; Introduction To Character 76

G. Character Evidence For Substantive Purposes 77

H. Sex Offense Cases 81


Chapter 10. CROSS-EXAMINATION AND IMPEACHMENT 87

A. Cross-Examination Generally 87

B. Who Can You Impeach? 88

C. Is It Proper Subject Matter? 88

D. Prior Inconsistent Statements 88

E. Bias, Interest, Corruption 90

F. Capacity 91

G. Convictions 91

H. Bad Acts 93

I. Opinion or Reputation 94

J. Rehabilitation 95

K. Constitutional Implications 95


Chapter 11. JUDICIAL NOTICE 97


Chapter 12. PRIVILEGES 99

A. Attorney-Client 99

B. Physician-Patient 102

C. Spousal Privileges 102


Chapter 13. BURDENS OF PROOF AND PRESUMPTIONS 105

A. Burdens of Proof 105

B. Civil Presumptions 105

C. Criminal Presumptions 105


Chapter 14. INTEGRATION & REVIEW 109


APPENDIX A: State v. Duffy 121

Offense Report 123

Supplemental Offense Report 124

Statement of Sherry Van Donk 125

Statement of Glenda Berg 126

Indictment 127

Warrant for Arrest 128

Search Warrant 129

Details of Arrest 130

Statement of Arlo Duffy 134

Red Barn Food Concession Invoice 133

Letter Dated May 8, Yr-0 133

Letter Dated May 23, Yr-0 134

Record of Arrest 136

Relevant Statutory Provisions 137


APPENDIX B: Donato v. Donato 139


APPENDIX C: Paula v. David and Popular Dry Goods 143


APPENDIX D: In re Berger 147

File 151

Library 167


APPENDIX E: Dodson v. Canadian Equipment Company 179

File 183

Library 197