Author: Clifford S. Fishman

Publisher:

Published: 2021

Total Pages:

ISBN-13: 9781531022365

"Relevance is the basic concept of evidence law. Professor Fishman, who taught evidence for 41 years at Catholic University of America Law School, covers the entire subject-including conditional relevance, inferences, direct and circumstantial evidence and order of proof-in all its applications, particularly character, "other acts" evidence, and habit. The book then covers every aspect of impeaching and rehabilitating a witness's testimony: perception; memory; narration; prior consistent or inconsistent statements; and potential bias or motive to lie. In other words, this book covers Rules 104-106, 401-415, 607-613, and 801(d)(1) of the Federal Rules of Evidence. When an offer of evidence implicates several of these rules, Professor Fishman explains how to identify the rules (and sub-rules and "unwritten rules") that need to be considered and those which need not be; the procedural and tactical trial context in which these issues arise; and how to figure out what your professor is looking for in class and on exams. Each chapter contains numerous essay and multiple-choice questions and answers applying the rules. In addition, he reveals the evidentiary "relevance" of: (a) animals large and small (a defensive end for the Dallas Cowboys; shar-pei dogs); (b) cultural icons (Shakespeare, Lin-Manuel Miranda, Blake Shelton, Linus van Pelt); (c) major historical figures (Eleanor Roosevelt, Confucius, Oliver Wendell Holmes, Howie Kendrick); and (d) dog poop. We predict this will be the most enjoyable law book you will ever use-except, maybe, Professor Fishman's A Student's Guide to Hearsay"--