Federal Rules of Evidence Handbook

by Elias, Clifford E.

• ISBN13: 9780890892107
• ISBN10: 0890892105
• Format: Paperback
• Copyright: 2003-08-01
• Publisher: Carolina Academic Press

Summary

"The Federal Rules of Evidence Handbook presents a unique approach to the study of evidence. Each section of the book begins with the statement of the rule itself. The rule is followed by an analysis, and illustrated with examples drawn from cases. The book is directed at law students and those studying for the bar examination, rather than the practicing lawyer, although some lawyers recently admitted to the bar will find it very useful."--BOOK JACKET.

Author Biography

Clifford E. Elias is a professor of law at Suffolk University Law School.

Table of Contents

Preface
General Provisions	p. 3
Scope	p. 3
Purpose and Construction	p. 3
Rulings on Evidence	p. 5
Preliminary Questions	p. 13
Limited Admissibility	p. 21
Remainder of Related Writings or Recorded Statements	p. 24
Supreme Court Standard 107 - Summing Up and Comment by Judge	p. 26
Judicial Notice	p. 29
Judicial Notice of Adjudicative Facts	p. 29
Presumptions in Civil Actions and Proceedings	p. 37
Presumptions in General Civil Actions and Proceedings	p. 37
Applicability of State Law in Civil Actions and Proceedings	p. 42
Relevancy and Its Limits	p. 45
Definition of "Relevant Evidence"	p. 45
Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible	p. 48
Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time	p. 50
Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes	p. 53
Methods of Proving Character	p. 61
Habit; Routine Practice	p. 66
Subsequent Remedial Measures	p. 70
Compromise and Offers to Compromise	p. 73
Payment of Medical and Similar Expenses	p. 77
Inadmissibility of Pleas, Plea Discussions, and Related Statements	p. 78
Liability Insurance	p. 81
Sex Offense Cases; Relevance of Alleged Victim's Past Sexual Behavior or Alleged Sexual Predisposition	p. 83
Evidence of Similar Crimes in Sexual Assault Cases	p. 91
Evidence of Similar Crimes in Child Molestation Cases	p. 94
Evidence of Similar Acts in Civil Cases Concerning Sexual Assault or Child Molestation	p. 96
Privileges	p. 97
General Rule	p. 97
Witnesses	p. 119
General Rule of Competency	p. 119
Lack of Personal Knowledge	p. 123
Oath or Affirmation	p. 130
Interpreters	p. 132
Competency of Judge as Witness	p. 135
Competency of Juror as Witness	p. 138
Who May Impeach	p. 142
Evidence of Character and Conduct of Witness	p. 146
Impeachment by Evidence of Conviction of Crime	p. 152
Religious Beliefs or Opinions	p. 157
Mode and Order of Interrogation and Presentation	p. 159
Writing Used to Refresh Memory	p. 163
Prior Statements of Witnesses	p. 166
Calling and Interrogation of Witnesses by Court	p. 169
Exclusion of Witnesses	p. 173
Opinions and Expert Testimony	p. 181
Opinion Testimony by Lay Witnesses	p. 181
Testimony by Experts	p. 184
Bases of Opinion Testimony by Experts	p. 189
Opinion on Ultimate Issue	p. 194
Disclosure of Facts or Data Underlying Expert Opinion	p. 198
Court-Appointed Experts	p. 200
Hearsay	p. 205
Definitions	p. 205
Hearsay Rule	p. 217
Hearsay Exceptions; Availability of Declarant Immaterial	p. 218
Hearsay Exceptions; Declarant Unavailable	p. 241
Hearsay Within Hearsay	p. 252
Attacking and Supporting Credibility of Declarant	p. 254
Residual Exception	p. 257
Authentication and Identification	p. 261
Requirement of Authentication or Identification	p. 261
Self-Authentication	p. 271
Subscribing Witness' Testimony Unnecessary	p. 275
Contents of Writings, Recordings, and Photographs	p. 277
Definitions	p. 277
Requirement of Original	p. 279
Admissibility of Duplicates	p. 281
Admissibility of Other Evidence of Contents	p. 282
Public Records	p. 286
Summaries	p. 287
Testimony or Written Admission of Party	p. 288
Functions of Court or Jury	p. 289
Federal Rules of Evidence	p. 293
General Provisions	p. 293
Judicial Notice	p. 295
Presumptions in Civil Actions and Proceedings	p. 296
Relevancy and Its Limits	p. 297
Privileges	p. 305
Witnesses	p. 305
Opinions and Expert Testimony	p. 311
Hearsay	p. 313
Authentication and Identification	p. 322
Contents of Writings, Recordings, and Photographs	p. 327
Miscellaneous Rules	p. 329
Index	p. 333
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