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Understanding Evidence, Fourth Edition

Paul C. Giannelli, Weatherhead Professor of Law, Case Western Reserve University School of Law
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4th Edition
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ISBN: 9780327194132
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This Understanding treatise presents the essential topics in evidence law cogently and concisely. While it was written primarily for students in Evidence and Trial Practice courses, the "Key Points" summary at the end of each chapter and the inclusion of the current Federal Rules of Evidence in an appendix make this treatise an excellent reference for busy attorneys.

Understanding Evidence begins with an overview of Evidence law followed by an explanation of the roles of the judge and jury. The remaining chapters are organized under the following topics:
•  Procedural Framework of Trial
•  Relevancy
•  Witnesses
•  Real and Demonstrative Evidence
•  Writings
•  Hearsay
•  Privileges
•  Substitutes for Evidence

This treatise extensively discusses and cites the Federal Rules of Evidence. Cases, statutes, other rules, and secondary sources are also cited, providing a comprehensive framework for understanding evidence law.

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.

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Table of Contents

Chapter 1 OVERVIEW OF EVIDENCE LAW 

Chapter 2 ROLES OF JUDGE AND JURY: FRE 614

Part A: Procedural Framework

Chapter 3 STAGES OF TRIAL

Chapter 4 BURDENS OF PROOF

Chapter 5 PRESUMPTIONS AND INFERENCES: FRE 301

Chapter 6 OBJECTIONS AND OFFERS OF PROOF: FRE 103

Chapter 7 PRELIMINARY QUESTIONS OF ADMISSIBILITY: FRE 104

Chapter 8 LIMITED ADMISSIBILITY: FRE 105

Part B: Relevancy

Chapter 9 RELEVANCY AND ITS LIMITS: FRE 401–403

Chapter 10 CHARACTER EVIDENCE: FRE 404, 405, 412–15

Chapter 11 OTHER-ACTS EVIDENCE: FRE 404(b)

Chapter 12 HABIT EVIDENCE: FRE 406

Chapter 13 SUBSEQUENT REMEDIAL MEASURES:FRE 407

Chapter 14 COMPROMISES AND OFFERS: FRE 408

Chapter 15 MEDICAL PAYMENTS: FRE 409

Chapter 16 CRIMINAL PLEAS AND OFFERS: FRE 410

Chapter 17 LIABILITY INSURANCE: FRE 411

Part C: Witnesses

Chapter 18 WITNESS COMPETENCY: FRE 601, 603, 605, 606

Chapter 19 SEQUESTRATION OF WITNESSES: FRE 615

Chapter 20 EXAMINATION OF WITNESSES: FRE 611

Chapter 21 REFRESHING RECOLLECTION: FRE 612

Chapter 22 WITNESS CREDIBILITY: FRE 607–609, 613

Chapter 23 LAY WITNESSES: FRE 602 AND 701

Chapter 24 EXPERT TESTIMONY: FRE 702, 704, 706

Chapter 25 BASES OF EXPERT TESTIMONY: FRE 703 AND 705

Part D: Real and Demonstrative Evidence

Chapter 26 REAL AND DEMONSTRATIVE EVIDENCE

Chapter 27 PHOTOGRAPHS, TAPES, AND VOICE IDENTIFICATIONS

Chapter 28 AUTHENTICATION OF WRITINGS: FRE 901–903

Part E: Writings

Chapter 29 RULE OF COMPLETENESS: FRE 106

Chapter 30 "BEST EVIDENCE" RULE: FRE 1001–1008

Part F: Hearsay

Chapter 31 HEARSAY RULE: FRE 801(a)-(c), 802, 805, 806

Chapter 32 HEARSAY EXEMPTIONS: FRE 801(d)

Chapter 33 HEARSAY EXCEPTIONS: FRE 803

Chapter 34 HEARSAY EXCEPTIONS-UNAVAILABLE DECLARANT: FRE 804

Chapter 35 RESIDUAL EXCEPTION: FRE 807

Chapter 36 RIGHT OF CONFRONTATION

Part G: Privileges

Chapter 37 PRIVILEGES: FRE 501

Chapter 38 ATTORNEY-CLIENT PRIVILEGE

Chapter 39 SPOUSAL AND FAMILY PRIVILEGES

Chapter 40 DOCTOR AND PSYCHOTHERAPIST PRIVILEGES

Chapter 41 OTHER PRIVATE PRIVILEGES

Chapter 42 GOVERNMENTAL PRIVILEGES

Chapter 43 PRIVILEGE AGAINST SELF-INCRIMINATION

Part H: Substitutes for Evidence

Chapter 44 JUDICIAL NOTICE: FRE 201

Chapter 45 STIPULATIONS

APPENDIX A FEDERAL RULES OF EVIDENCE

APPENDIX B 18 U.S.C. § 3509 CHILD VICTIMS' AND CHILD WITNESSES' RIGHTS

APPENDIX C 18 U.S.C. § 3510 RIGHTS OF VICTIMS TO ATTEND AND OBSERVE TRIAL

APPENDIX D 18 U.S.C. § 3771 CRIME VICTIMS' RIGHTS

TABLE OF CASES

INDEX