Evidence: Cases and Materials

by Broun, Kenneth S.

• ISBN13: 9780314257123
• ISBN10: 0314257128
• Edition: 6th
• Format: Hardcover
• Copyright: 2002-05-01
• Publisher: West Group

Summary

Written to impress upon students that the law of evidence remains far from "federalized." Many states remain without local counterparts to the Federal Rules of Evidence and, even where such counterparts exist, state law frequently varies substantially from the federal pattern. These considerations, together with the fact that vast areas of evidence are outside the purview of the federal rules, warrant continuing attention to state law.

Table of Contents

Preface to the Sixth Edition	v
Preface to the Fifth Edition	vii
Preface to the Fourth Edition	ix
Preface to the Third Edition	xi
Preface to the Second Edition	xiii
Preface to the First Edition	xv
Table of Cases	xxxiii
Table of Federal Rules of Evidence	lvii
TOPIC I. AN INTRODUCTION TO THE ADVERSARY SYSTEM
Characteristics of the Adversary System	1	(65)
The Roles of the Judge and Jury	1	(29)
Party Responsibility	30	(36)
Limitations of the Adversary System	66	(33)
TOPIC II. THE FRAMEWORK OF DECISION
Allocating the Case	99	(9)
Burden of Proof	108	(44)
The Burden of Going Forward	109	(20)
The Burden of Persuasion	129	(23)
Presumptions	152	(39)
The Order of Proof	191	(18)
TOPIC III. RELEVANCY AND ITS LIMITS
The Concept of Relevancy	209	(36)
Introduction	209	(2)
An Illustration of Relevancy Rules: Evidence of Financial Worth	211	(21)
Special Applications of Rule 403	232	(13)
Formalized Applications of the Relevancy Concept	245	(120)
Other Happenings	245	(20)
Personality Traits and Behavior Patterns-Civil Cases	265	(18)
Personality Traits and Behavior Patterns-Criminal Cases	283	(57)
The Intersection of Relevancy and Ancillary Policy Considerations	340	(25)
TOPIC IV. COMMUNICATING DATA TO THE TRIER OF FACT
Judicial Notice	365	(20)
Real and Demonstrative Evidence	385	(31)
Writings and Related Matters	416	(50)
Authentication	416	(24)
Proof of Contents (The ``Best Evidence'' Rule)	440	(26)
Testimonial Evidence	466	(223)
Competency of Witnesses	466	(27)
Elicitation of Testimony	493	(32)
Lay Witnesses	525	(15)
Expert Testimony	540	(84)
Credibility: Bolstering, Impeachment and Rehabilitation	624	(65)
TOPIC V. THE HEARSAY RULE
Foundations of the Hearsay Rule and Confrontation	689	(121)
Definition and Rationale: Statements for the Truth of the Matter Asserted	689	(39)
Other Statements That Are Not Hearsay	728	(57)
Confrontation	785	(25)
Exceptions to the Hearsay Rule	810	(166)
Present Sense Impressions and Excited Utterances	810	(11)
Existing Mental, Emotional, or Physical Condition	821	(22)
Statements for Purpose of Medical Diagnosis or Treatment	843	(8)
Recorded Recollection	851	(10)
Records of Regularly Conducted Activity	861	(26)
Public Records and Reports	887	(15)
Unavailability	902	(10)
Former Testimony	912	(14)
Dying Declarations	926	(5)
Statements Against Interest	931	(14)
Admission Through Forfeiture or Because of Wrongdoing	945	(13)
Catchall or Residual Exception	958	(16)
Notes on Other Selected Exceptions and Miscellaneous Provisions	974	(2)
TOPIC VI. PRIVILEGE
Private Privileges	976	(96)
Introduction	976	(3)
Husband-Wife	979	(15)
Attorney-Client and ``Work Product''	994	(55)
Additional Privilege	1049	(23)
Privileges Designed to Safeguard Governmental Operations	1072	(69)
State Secrets and Executive Privilege	1072	(31)
Proceedings of Petit and Grand Juries	1103	(27)
Informers	1130	(11)
Index	1141