Overview
Publication of EVIDENCE UNDER THE RULES, Fourth Edition, means the most popular evidence casebook is now also the most current! This highly successful problem based coursebook was the first to be organized around the Federal Rules of Evidence, and it remains the most effective vehicle for introducing students to this essential topic. Authors Mueller and Kirkpatrick draw on their own extensive classroom experience to make their book a worthy teaching partner:
- By organizing the book around the Federal Rules of Evidence, they cover the basics clearly, succinctly, and in an understandable framework.
- For ease of teaching, the book is structured for flexibility - you can begin with relevancy or choose a less complicated topic.
- A combination of textual explanations, numerous problems, and carefully edited cases speeds understanding and facilitates retention of the material.
- Engaging problems reveal the intricacies of the Federal Rules and stimulate lively class discussion.
- All aspects of the book are designed to enhance teachability.
- The casebook is part of a complete teaching package that includes a an extensive Teacher's Manual and an optional statutory supplement. To strengthen and reinforce their popular book, the authors incorporate significant new material in the Fourth Edition:
- recent changes in the Federal Rules of Evidence, specifically FRE 407, FRE 801(d)(2), and 804(b)(6)
- changes that were pending at the time of publication, notably FRE 103, FRE 404(a)(1), FRE 701, FRE 702, and FRE 703
- new Supreme Court decisions: Old Chief v. United States, Lilly v. Virginia, Kumho Tire v. Carmichael, and Jaffee v. Redmond
- new problems and cases throughout the book
- reworked section on Hearsay with more textual materials
- reorganized section on Character Evidence now separates sex offense cases from the others
Synopsis
Preface
Acknowledgments
Special Notice
Chapter 1: Evidence Law and the System: Why We Have Rules of Evidence and How They Work in an Adversary System
A. Why Rules of Evidence?
B. What Happens at Trial
C. Making the Record
D. How Evidence is Admitted or Excluded
E. Consequences of Evidential Error
F. Obtaining Review of Evidence Points
Chapter 2: Relevance
A. Logical Relevance
B. Pragmatic Relevance
C. The Relevance of Probabilistic Analysis
Chapter 3: Hearsay
A. What is Hearsay?
B. A Closer Look at the Doctrine
C. Hearsay Under Rule 801
D. Hearsay and Nonhearsay-Borderland of the Doctrine
E. Hearsay-Test Your Understanding
Chapter 4: Hearsay Exceptions
A. Exceptions-Declarant Testifying
B. Admissions by Party Opponent
C. Unrestricted Exceptions
D. Exceptions-Declarant Unavailable
E. The Catchall Exception
F. The Minor Exceptions
G. Constitution as bar Against Hearsay
H. Hearsay for the Defense-Constitution as Ground to Admit
Chapter 5: Relevance Revisited
A. Character Evidence
B. Habit and Routine Practice
C. Remedial Measures
D. Settlement Negotiations
E. Proof of Payment of Medical Expenses
F. Proof of Insurance Coverage
Chapter 6: Competency of Witnesses
A. Historical Note
B. Competency: The Modern View
C. The Oath Requirement
D. The Child Witness
E. Previously Hypnotized Witnesses
F. Dead Man's Statutes
G. Lawyers ad Witness
H. Jurors as Witnesses
I. Judges as Witness
J. The Personal Knowledge Requirement
Chapter 7: Presenting Evidence: Direct and Cross-Examination Revisited
A. Direct Examination
B. Cross-Examination
C. ExcludingWitnesses
Chapter 8: Impeachment of Witness
A. Nonspecific Impeachment
B. Specific Impeachment
C. Repairing Credibility
D. Forbidden Attacks
Chapter 9: Opinion and Expert Testimony: Scientific Evidence
A. Lay Opinion Testimony
B. Expert Witnesses
C. Scientific Evidence
Chapter 10: Burdens of Proof and Presumptions
A. Burdens and Presumptions in Civil Cases
B. Burdens, Presumptions, and Inferences in Criminal Cases
Chapter 11: Judicial Notice
A. Introduction
B. Judicial Notice of Adjudicative Facts
C. Judicial Notice in Criminal Cases
D. Evaluative Facts
E. Judicial Notice of Legislative Facts
F. Judicial Notice of Law
G. The Problem of Classification
Chapter 12: Privileges
A. Introduction Notes on FRE 501
B. Attorney-Client Privilege
C. The Psychotherapist-Patient Privilege
D. Spousal Privileges
E. The Privilege Against Self-Incrimination
Chapter 13: Foundational Evidence, Authentication
A. Introduction
B. Tangible Objects
C. Writings
D. Tape Recordings
E. Other Exhibits
F. Telephone Conversations
G. Self-Authenticating Exhibits
H. Demonstrative Evidence
Chapter 14: The 'Best Evidence' Doctrine
A. Introduction
B. Defining a 'Writing, Recording, or Photograph'
C. Defining an 'Original'
D. Use of Duplicates
E. Best Evidence Doctrine in Operation
F. Production of Original Excused
Table of Cases
Table of Rules
Table of Authorities
Index