Overview
Arthur Best's "plain language" version of the Federal Rules of Evidence earned the gratitude of thousands of students who turned to his book for clear explanations of the many rules, principles, and policies of evidence law. Both students and instructors will find this third edition of EVIDENCE: Examples & Explanations as effective as it is engaging. This best—selling study guide follows the proven format of the Examples & Explanations Series to make the study of evidence as painless as possible. For every topic, Best presents questions of varying degrees of difficulty, followed by clear explanations of how to analyze the problems. His examples put the rules in context and show students the real—life applications of the material.This edition reflects developments concerning the Federal Rules, specifically:
—Rule 407 regarding strict liability
—Rule 804 concerning the new hearsay exception
—Rule 801's new provision requiring proof to substantiate witness testimony in some cases
—New Rule 807 eliminating redundancies in the hearsay provisions of Rules 803 and 804
The author also presents important new Supreme Court cases, including:
—U.S. v. Scheffer
—Swindler & Berlin v. U.S.
—General Electric Co. v. Joiner
For specific guidance on a particularly complicated concept or general reinforcement of the full range of course material, EVIDENCE: Examples & Explanations, Third Edition, is a proven partner in teaching and learning.
Table of Contents
\x09
Preface
Acknowledgements
Chapter 1: The General Requirement of Relevance
Introduction
The Basic Standard and ItsApplication
Unfair Prejudice
Limited Admissibility
Conditional Relevance
Recurring Situations
Flight
Similar Happenings
Statistical Proof\x09
Chapter 2: 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Nolo Contendere and Withdrawn Guilty Pleas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 Sexual Assault Victim
Constitutional Restrictions on Exclusion of Defense Evidence
Summary of Permitted Uses of Propensity Evidence
Chapter 3: 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
Chapter 4: Exceptions to the Hearsay Exclusionary Rule\x09
Introduction
Hearsay and the Confrontation Clause
Statements Exempted from the Federal Rules Definition of Hearsay
Groupings of Hearsay Exceptions under the Federal Rules
Statements Defined as Hearsay but Admissible Without Regard to the Declarant's Availability
Statements Defined as Hearsay but Admissible if the Declarant Is "Unavailable"
Residual Exception
Chapter 5: Examination and Impeachment\x09
Introduction
General Competency Rules
Scope and Style of Examination
General Right to Impeach
Impeachment by Showing the Witness Lied Intentionally
Timing for Proof of Crimes, Acts, and Character
Impeachment by Proof of Poor Perception or Memory
Impeachment by Contradiction
Prior Statements by a Witness
Impeaching a Hearsay Declarant
Chapter 6: Expert Testimony\x09\x09
Introduction
Topics for Expert Testimony
Qualification as an Expert
Type of Data
Testimony Based on Scientific Experiments
Style of Testimony\x09
Chapter 7: Privileges
Introduction\x09
Attorney—Client Privilege
Spousal Communications
Physician—Patient
Therapist—Patient
Priest—Penitent
Governmental Executives and Informers
Chapter 8: Authentication and the Original Writing Rule
Introduction\x09
Authentication
Original Writing Rule
Chapter 9: Presumptions
Introduction
Presumptions
The Federal Rules Choice
Production and Persuasion Burdens Defined and Compared
Criminal Cases
Chapter 10: Judicial Notice
Introduction\x09
Adjudicative and Legislative Facts Distinguished
Procedures for Judicial Notice\x09
Appendix: Federal Rules of Evidence
Article I: General Provisions
Article II: Judicial Notice
Article III: Presumptions in General in Civil Actions and Proceedings
Article IV: Relevancy and Its Limits
Article V: Privileges
Article VI: Witnesses
Article VII: Opinions and Expert Testimony
Article VIII: Hearsay
Article IX: Authentication and Identification
Article X: Contents of Writings, Recordings, and Photographs
Article XI: Miscellaneous Rules
\x09
Table of Cases
Index