The study of evidence law theory and practice today is successfully accomplished by mastery of the Federal Rules of Evidence first enacted by Congress effective in 1975. The approach employed in Evidence Law Mastery to improve a practicing attorney's knowledge and appreciation of modern evidence law in theory and practice is by capturing the significant advantages of the text and problem approach to the learning of evidence, an approach used extremely successfully in all bar preparation courses. Prior to presentation of the rule of evidence under consideration and a textual explanation of its operation, this work ordinarily presents a "problem. "Each "problem "is designed to present a comprehensive hypothetical factual situation as it would arise in practice. As the user reads the rule and text, which follow immediately, he or she is thus searching for comprehension of the rule in operation that will provide an answer to the problem presented. The "problem "raises issues focusing on the rationale as well as the operation of the rule. Following the textual presentation is ordinarily a series of questions and/or true-false inquiries. The questions raise issues concerning the foregoing rule in a narrow contextual setting while the true-false inquiries are statements of law that are either correct or incorrect. The answers to the questions and true-false inquiries with explanation are captured immediately below. At the end of the section a suggested correct answer to the introductory "problem "is presented.
Formatted Contents Note
Cover Page; Title Page; Copyright Page; Introduction; Summary of Contents; Table of Contents; Table of Cases; Chapter I. The Structure of the Trial; A. Order of Proceedings; B. Types of Evidence; C. Preliminary Questions of Admissibility; D. Hearing of Jury; Motions in Limine; E. Limited Admissibility; F. Judicial Discretion; G. Scope: Definition; Applicability; Chapter II. Relevance and the Exclusion of Relevant Evidence; A. Relevance; B. Exclusion of Relevant Evidence; 1. Probative Value Versus Trial Concerns; 2. Offer to Stipulate; 3. Judicial Discretion Chapter III. Competency of Lay WitnessesA. General Rule of Competency: An Overview; 1. Mental Capacity: Preliminary Hearings; Ordering of Psychiatric Examinations; Children; 2. Alcohol or Drug Use as Affecting Competency; 3. Dead Manâ#x80;#x99;s Statutes; 4. Objecting as to Competency; B. The Requirement of Personal Knowledge; C. Oath or Affirmation; D. Interpreters; E. Competency of Judge as Witness; F. Competency of Juror as Witness; 1. Competency of Juror as Witness at Trial; 2. Competency of Juror to Attack Validity of Verdict or Indictment G. Competency and Propriety of Lawyer for a Party as Witness at TrialChapter IV. Direct Examination; A. Mode and Order of Interrogation; 1. An Overview; 2. Form of Testimony on Direct; Leading Questions; B. Refreshing Recollection; 1. General Considerations; Use of Leading Questions; 2. Writings Used to Refresh Memory; C. Principle of Completeness; 1. Remainder of or Related Writings and Recorded Statements Employed at Time of Introduction; 2. Remainder of Oral Statements, Writing or Recorded Statement Employed on Next Examination; D. Exclusion and Separation of Witnesses Chapter V. HearsayA. The Hearsay Rule; 1. An Overview; 2. The Definition of Hearsay; a. Nonverbal Conduct Intended as an Assertion; b. Nonverbal Conduct Not Intended as an Assertion; c. Oral or Written Conduct Not Intended as an Assertion; d. Statements Offered Other than to Prove the Truth of the Matter Asserted; Verbal Act; Characterizing Act; Effect on Listener; Impeachment; 3. Problem Areas in Defining Hearsay; a. Circumstantial Evidence; b. Basis for Nonasserted Inference or â#x80;#x9C;Implied Assertionâ#x80;#x9D;; 4. Interpreting the Definition of Hearsay; B. Prior Statement by Witness 1. Prior Inconsistent Statements2. Prior Consistent Statements; 3. Prior Identification of a Person After Perceiving Him; C. Admission by Party-Opponent; 1. An Overview; 2. Statements of Party Made in Individual or Representative Capacity; a. An Overview; b. Individual Capacity; c. Plea of Guilty; d. Statements of Party Made in a Representative Capacity; e. Persons in Privity or Jointly Interested; 3. Manifestation of Adoption or Belief in Truth of Statement; 4. Vicarious Admissions; a. Statement by Person Authorized to Speak
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Print version: Graham, Michael H. Evidence law mastery. St. Paul, MN : West Academic Publishing, 2016