The Hearsay Rule
The Hearsay Rule

Author: G. Michael Fenner

Publisher:

Published: 2013

Total Pages: 0

ISBN-13: 9781611634556

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The hearsay rule is for many the most difficult rule of evidence to understand and apply. This treatise on hearsay will be invaluable for students, practitioners, and judges -- for anyone involved with the law of evidence. It explains the basic concept of hearsay, using both time-tested and innovative new methods. It then explains hearsay exclusions and exceptions, including important exceptions found outside of the Rules of Evidence -- in the Federal Rules of Civil and Criminal Procedure, for example. For each exclusion and exception, the book begins with a foundational approach, presenting the foundational elements the law student must know, the lawyer wanting admission must show, and the lawyer trying to block admission must defeat. Extensive "Use Notes" explain each foundational element and how to make it work for you. The author discusses important topics such as: the use of judicial notice as a hearsay exception; admitting the hearsay statement of an incompetent witness; using opinion evidence -- lay and expert -- to get around the bar of the hearsay rule; the problem of multiple hearsay (and ways to make the problem go away); and the special problems of state of mind evidence. The treatise focuses on ways in which the hearsay rules can be manipulated to advance the advocate's goals and on how many of the exclusions and exceptions interrelate. The final chapter addresses the hearsay rule and the Confrontation Clause. Most of these are topics not commonly addressed in other works. Pre-publication versions of this treatise have been used with great success by students at Harvard, the University of Virginia, Tulane, and Creighton, among others. This book will benefit anyone involved in the trial process, whether as a student, a lawyer, or a judge.

Evidence
Evidence

Author: David Alan Sklansky

Publisher: Aspen Publishing

Published: 2020-02-02

Total Pages: 1011

ISBN-13: 1543819648

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A flexible and engaging casebook, Evidence: Cases, Commentary, and Problems focuses on core concepts and central controversies in evidence law, presented through tightly edited cases, stimulating commentary from a wide range of perspectives, and carefully crafted problems. The Fifth Edition, while as streamlined and teachable as its predecessors, includes excerpts from more than fifty new cases and twenty new articles, fresh problems and enhanced editorial material, and three entirely new sections: one on machine-generated proof, one on digital forensics, and one on authenticating electronic evidence. There is new, up-to-date material on sexual assault cases, DNA evidence, social science evidence, privileges, judicial notice, hearsay, confrontation, “other crimes” evidence, and other key topics. New to the Fifth Edition: New sections on machine-generated proof, digital forensics, and authenticating electronic evidence New materials on confrontation and hearsay, character evidence in sexual assault and child molestation cases, DNA evidence, social science evidence, “other crimes” evidence, and other key topics Excerpts from more than 50 new cases and 20 new articles New problems and editorial material throughout Professors and students will benefit from: Flexible structure that allows the book to be taught cover-to-cover in a four-unit, one-semester class, but also can be abridged or rearranged to suit course length and instructor’s preferences. Comprehensive coverage with a wide range of perspectives. Text that is written with clarity and concision and includes well-selected and tightly edited cases. A balanced mix of cases, commentary, and problems covering relevance, hearsay, character evidence, impeachment, privilege, expert testimony, and authentication. Well-written introductory materials that identify key issues, important distinctions, and common sources of confusion.

New York Evidence Handbook
New York Evidence Handbook

Author: Michael M. Martin

Publisher: Wolters Kluwer

Published: 2003-01-01

Total Pages: 1134

ISBN-13: 0735529817

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If you litigate or preside in any court in the state of New York, you know just how confounding the state's evidence law can be. New York Evidence Handbook is the new, comprehensive guide to all of the rules and principles of evidence applicable in New York courts. This new 1,000+ page handbook presents a practical, contemporary approach to evidence -- written with the real-world challenges of the New York trial lawyer and judge in mind. It gathers into one, easy-to-use handbook all of the rules, the leading decisions and the significant statutes you need to consider when assessing the admissibility of evidence. The book walks you through all the rules and their operation (as they relate to judicial notice, presumptions, relevance, the best evidence rule, etc.), discussing all of the leading authorities and citing numerous trial examples. Throughout New York Evidence Handbook, special attention is paid to helping you quickly solve commonly encountered, but difficult, evidence questions.

Understanding Criminal Evidence
Understanding Criminal Evidence

Author: Samuel P. Newton

Publisher: Aspen Publishing

Published: 2012-12-05

Total Pages: 546

ISBN-13: 1454833629

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Understanding Criminal Evidence is a carefully designed undergraduate text featuring a case-method approach and focused solely on criminal evidence. Learning the rules from case analysis allows students to apply the material to real world situations, fostering an understanding of the Rules of Evidence. Solid pedagogy makes the material more accessible than a traditional law school casebook text and features end-of-chapter review questions and key terms. Each chapter has a major introductory case that highlights the evidentiary issues. Several sub-cases in chap every chapter illustrate the ramifications of the rules. Trial transcripts and real world problems help students apply the rules to real situations they may face in practice. Features: Case-method approach to criminal evidence Case analysis methodology students apply the rules to the real world and to real life Features a traditional approach material designed specifically for undergraduates focused solely on criminal evidence Sound pedagogy end-of-chapter review questions key terms material more accessible than a traditional law school casebooks Cases in each chapter one major introductory case highlighting evidentiary issues several sub-cases illustrating ramifications of the rules Trial transcripts and real world problems help students apply the rules

ABA Journal
ABA Journal

Author:

Publisher:

Published: 1969-02

Total Pages: 92

ISBN-13:

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The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.