Evidence

ISBN-10: 0735584796

ISBN-13: 9780735584792

Edition: 7th 2009 (Student Manual, Study Guide, etc.)

Authors: Arthur Best
List price: $49.95
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Description: The #1 study guide for Evidence is now in its Seventh Edition . Examples & Explanations: Evidence is the go-to resource for any student struggling to Understand The concepts and rules of evidence as described in their casebook. The Examples & Explanations pedagogy encourages students to read the text carefully, apply what they have learned, and test their understanding of the material. A leader in its field, Examples & Explanations: Evidence features: clear and concise introductions To The concepts and Rules of Evidence examples with questions that start out simply and gradually build in complexity thorough explanations of how to analyze the questions in the examples a "plain language" version of the Federal Rules of Evidence, complete with new amendments To The Rules generous use of visual aids tables and chartsthat illustrate key concepts Still fewer than 350 pages, The Seventh Edition includes: discussion of Giles v. California, concerning Hearsay And The Confrontation Clause analysis of newly-adopted Rule 502, regarding inadvertent waiver of the attorney-client privilege, with a plain-language explanation in the Appendix a flow chart that illustrates the proper sequence of analysis for relevance and hearsay exclusions & exceptions as applied to an out-of-court statement a new chart that illustrates character evidence with regard To The propensity inference Examples & Explanations: Evidence, Seventh Edition, Is a current and time-proven resource that you can recommend to your students with confidence.

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Book details

List price: $49.95
Edition: 7th
Copyright year: 2009
Publisher: Wolters Kluwer Law & Business
Publication date: 5/19/2009
Binding: Paperback
Pages: 301
Size: 7.00" wide x 9.75" long x 1.00" tall
Weight: 1.430
Language: English

Preface
Acknowledgments
The General Requirement of Relevance
Introduction
The Basic Standard and Its Application
Unfair Prejudice
Limited Admissibility
Conditional Relevance
Recurring Situations
Flight
Similar Happenings
Statistical Proof
Specific Exclusions of Relevant Material
Introduction
Insurance
Subsequent Remedial Measures
Compromises and Offers to Compromise
Payments of Medical Expenses
Nolo Contendere and Withdrawn Guilty Pleas
Character Evidence
The Propensity Inference
Non-propensity Uses of Character Evidence
"Character in Issue"
Habit
Form of Proof Related to Character
Character of the Accused and the Victim
Character of the Sexual Assault Victim
Constitutional Restrictions on Exclusion of Defense Evidence
Summary of Anti- and Pro-propensity Evidence Rules
Defining Hearsay
Introduction
Basic Rule
Basic Rationale for Excluding Hearsay
Detailed Analysis of Statements Typically Not Offered to Prove the Truth of What They Assert
Visual Aids
Detailed Analysis of What Constitutes a Statement
Classic Hearsay Puzzles
Exceptions to the Hearsay Exclusionary Rule
Introduction
Statements Exempted from the Federal Rules Definition of Hearsay
Admissions
Prior Statements by a Witness
Groupings of Hearsay Exceptions Under the Federal Rules
Statements Defined as Hearsay but Admissible Without Regard to the Declarant's Availability
Present Sense Impressions
Excited Utterances
Present Sense Impression and Excited Utterance Compared
Statements of Current Mental, Emotional, or Physical Condition
Statements for Medical Diagnosis or Treatment
Past Recollection Recorded
Business and Public Agency Records
Ancient Documents
Miscellaneous Exceptions
Statements Defined as Hearsay but Admissible if the Declarant Is "Unavailable"
Definition of Unavailable
Former Testimony
Dying Declarations
Statement Against Interest
Statement by Person Rendered Unavailable: Forfeiture by Wrongdoing
Residual Exception
Hearsay and the Confrontation Clause
Examination and Impeachment
Introduction
General Competency Rules
Personal Knowledge
Children
Hypnosis
Spousal Testimony in Criminal Cases
Claims Involving Decedents ("Dead Man's Statutes")
Scope and Style of Examination
Leading Questions
Scope for Cross-examination
Form for Cross-examination Questions
Questions by the Judge
Statements of Opinion
Physical Location of Witnesses and Parties
General Right to Impeach
Impeachment by Showing the Witness Lied Intentionally
Convictions of Crimes
Past Bad Acts That Did Not Lead to Criminal Convictions
Evidence of Character for Truth-telling: A Permitted Propensity Inference
Timing for Proof of Crimes, Acts, and Character
Proof of Bias
Inquiry into Religious Beliefs Prohibited
Impeachment by Proof of Poor Perception or Memory
Impeachment by Contradiction
Prior Statements by a Witness
Impeaching a Hearsay Declarant
Expert Testimony
Introduction
Topics for Expert Testimony
Qualification as an Expert
Reliability
Type of Data
Style of Testimony
Privileges
Introduction
Attorney-Client Privilege
Defining "Communication"
Existence of the Lawyer-Client Relationship
Required Confidentiality
Purpose of the Communication
Allowable Privilege Claimants
Waiver
Issues Unique to Lawyer-Client Communications
Work Product
Spousal Communications
Physician-Patient
Therapist-Patient
Priest-Penitent
Governmental Executives and Informers
Authentication and the Original Writing Rule
Introduction
Authentication
Witness with Knowledge
Handwriting
Distinctive Characteristics
Voices and Telephone Conversations
Public Records
Ancient Documents
Process or System
Self-authentication
Original Writing Rule
Definition of "Original"
Definition and Use of "Duplicate" Writings and Recordings
Excuses for Non-production of Original or Duplicate
Summaries
Presumptions
Introduction
Presumptions
The Federal Rules Choice
Production and Persuasion Burdens Defined and Compared
Criminal Cases
Judicial Notice
Introduction
Adjudicative and Legislative Facts Distinguished
Procedures for Judicial Notice
General Provisions
Judicial Notice
Presumptions in Civil Actions and Proceedings
Relevancy and Its Limits
Privileges
Witnesses
Opinions and Expert Testimony
Hearsay
Authentication and Identification
Contents of Writings, Recordings, and Photographs
Miscellaneous Rules
Table of Cases
Index
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