Evidence: Examples and Explanations

by Best, Arthur

• ISBN13: 9780735539631
• ISBN10: 0735539634
• Edition: 5th
• Format: Paperback
• Copyright: 2004-01-01
• Publisher: Wolters Kluwer

Summary

Once again, Arthur Best offers an engaging and effective study guide that helps students Understand The many rules, principles and policies of evidence law. This new edition upholds the quality standard that made the book the best-selling ancillary in evidence: Provides extraordinarily clear explanations of the most important and difficult aspects of evidence -- including relevance, hearsay and impeachment -- as well as other main topics of the typical course. Presents key concepts in tables and charts for fast reference. Supplies questions of varying depress of difficulty, As well as clear explanations of how to analyze those questions, For every topic. Each chapter includes material necessary to answer the questions that follow it, providing an incentive for students to read the chapters thoroughly. Contains a 'plain language' version of the Federal Rules of Evidence, complete with new amendments To The Rules. Organized topics in a logical order. the text has been scrupulously updated For The Fifth Edition: Reflects amendments to FRE608(b) related to use of extrinsic evidence of a witness's specific instances of conduct to show the witness's character for truthfulness. Describes the controversy about FRE 804(b)(3) And The likely amendment to its penal interest provisions. Problems are refined and improved based on classroom used by the author and feedback from users. This powerful paperback can make the difference between failure and success in this crucial area of study. Examine the Fifth Edition and see how well it will reinforce your other teaching materials.

Table of Contents

Preface	xv
Acknowledgments	xvii
Chapter 1: THE GENERAL REQUIREMENT OF RELEVANCE	1	(18)
Introduction	1	(1)
The Basic Standard and Its Application	2	(2)
Unfair Prejudice	4	(4)
Limited Admissibility	8	(1)
Conditional Relevance	9	(3)
Recurring Situations	12	(1)
Flight	12	(1)
Similar Happenings	12	(2)
Statistical Proof	14	(5)
Chapter 2: SPECIFIC EXCLUSIONS OF RELEVANT MATERIAL	19	(42)
Introduction	19	(1)
Insurance	19	(1)
Subsequent Remedial Measures	20	(2)
Compromises and Offers to Compromise	22	(2)
Payments of Medical Expenses	24	(1)
Nolo Contendere and Withdrawn Guilty Pleas	24	(7)
Character Evidence	31	(1)
The Propensity Inference	32	(3)
Non-propensity Uses of Character Evidence	35	(4)
"Character in Issue"	39	(1)
Habit	40	(1)
Form of Proof Related to Character	41	(6)
Character of the Accused and the Victim	47	(4)
Character of the Sexual Assault Victim	51	(2)
Constitutional Restrictions on Exclusion of Defense Evidence	53	(1)
Summary of Permitted Uses of Propensity Evidence	54	(7)
Chapter 3: DEFINING HEARSAY	61	(28)
Introduction	61	(1)
Basic Rule	61	(2)
Basic Rationale for Excluding Hearsay	63	(2)
Detailed Analysis of Statements Typically Not Offered to
Prove the Truth of What They Assert	65	(3)
Visual Aids	68	(3)
Detailed Analysis of What Constitutes a Statement	71	(3)
Classic Hearsay Puzzles	74	(15)
Chapter 4: EXCEPTIONS TO THE HEARSAY EXCLUSIONARY RULE	89	(46)
Introduction	89	(1)
Statements Exempted from the Federal Rules Definition of Hearsay	90	(12)
Admissions	90	(3)
Prior Statements by a Witness	93	(9)
Groupings of Hearsay Exceptions under the Federal Rules	102	(1)
Statements Defined as Hearsay but Admissible Without Regard to the Declarant's Availability	102	(20)
Present Sense Impressions	103	(1)
Excited Utterances	103	(1)
Present Sense Impression and Excited Utterance Compared	104	(1)
Statements of Current Mental, Emotional, or Physical Condition	104	(2)
Statements for Medical Diagnosis or Treatment	106	(1)
Past Recollection Recorded	107	(1)
Business and Public Agency Records	108	(5)
Ancient Documents	113	(1)
Miscellaneous Exceptions	113	(9)
Statements Defined as Hearsay but Admissible if the Declarant Is "Unavailable"	122	(6)
Definition of Unavailable	122	(1)
Former Testimony	123	(1)
Dying Declarations	124	(1)
Statement Against Interest	125	(2)
Statement by Person Rendered Unavailable: Forfeiture by Wrongdoing	127	(1)
Residual Exception	128	(1)
Hearsay and the Confrontation Clause	128	(7)
Chapter 5: EXAMINATION AND IMPEACHMENT	135	(34)
Introduction	135	(1)
General Competency Rules	136	(4)
Personal Knowledge	137	(1)
Children	138	(1)
Hypnosis	138	(1)
Spousal Testimony in Criminal Cases	139	(1)
Claims Involving Decedents ("Dead Man's Statutes")	140	(1)
Scope and Style of Examination	140	(4)
Leading Questions	141	(1)
Scope of Cross-Examination	141	(1)
Form for Cross-Examination Questions	142	(1)
Questions by the Judge	142	(1)
Statements of Opinion	142	(1)
Physical Location of Witnesses and Parties	143	(1)
General Right to Impeach	144	(1)
Impeachment by Showing the Witness Lied Intentionally	145	(9)
Convictions of Crimes	145	(5)
Crimes of "dishonesty or false statement"	146	(1)
What crimes involve dishonesty or false statement?	147	(1)
Crimes that do not involve "dishonesty or false statement"	147	(2)
The probative value of past convictions of crimes that do not involve "dishonesty or false statement"	148	(1)
Staleness, pardons, juvenile adjudications, appeals	149	(1)
Past Bad Acts that Did Not Lead to Criminal Convictions	150	(2)
Evidence of Character for Truth-Telling: A Permitted Propensity Inference	152	(1)
Timing for Proof of Crimes, Acts, and Character	152	(1)
Proof of Bias	153	(1)
Inquiry into Religious Beliefs Prohibited	154	(1)
Impeachment by Proof of Poor Perception or Memory	154	(1)
Impeachment by Contradiction	154	(2)
Prior Statements by a Witness	156	(1)
Impeaching a Hearsay Declarant	157	(12)
Chapter 6: EXPERT TESTIMONY	169	(12)
Introduction	169	(1)
Topics for Expert Testimony	169	(2)
Qualification as an Expert	171	(1)
Reliability	172	(2)
Type of Data	174	(1)
Style of Testimony	175	(6)
Chapter 7: PRIVILEGES	181	(20)
Introduction	181	(1)
Attorney-Client Privilege	182	(11)
Defining "Communication"	183	(1)
Existence of the Lawyer-Client Relationship	184	(1)
Required Confidentiality	185	(1)
Purpose of the Communication	186	(1)
Allowable Privilege Claimants	187	(1)
Issues Unique to Lawyer-Client Communications	187	(1)
Work Product	188	(5)
Spousal Communications	193	(2)
Physician-Patient	195	(1)
Therapist-Patient	196	(1)
Priest-Penitent	196	(1)
Governmental Executives and Informers	196	(5)
Chapter 8: AUTHENTICATION AND THE ORIGINAL WRITING RULE	201	(14)
Introduction	201	(1)
Authentication	202	(6)
Witness with Knowledge	202	(1)
Handwriting	203	(1)
Distinctive Characteristics	203	(1)
Voices and Telephone Conversations	203	(1)
Public Records	204	(1)
Ancient Documents	204	(1)
Process or System	204	(1)
Self-Authentication	204	(4)
Self-authentication categories	205	(3)
Original Writing Rule	208	(7)
Definition of "Original"	210	(1)
Definition and Use of "Duplicate" Writings and Recordings	210	(1)
Excuses for Non-production of Original or Duplicate	210	(1)
Summaries	211	(4)
Chapter 9: PRESUMPTIONS	215	(8)
Introduction	215	(1)
Presumptions	215	(1)
The Federal Rules Choice	216	(1)
Production and Persuasion Burdens Defined and Compared	216	(3)
Criminal Cases	219	(4)
Chapter 10: JUDICIAL NOTICE	223	(4)
Introduction	223	(1)
Adjudicative and Legislative Facts Distinguished	224	(1)
Procedures for Judicial Notice	224	(3)
Appendix: FEDERAL RULES OF EVIDENCE	227	(54)
Article I: General Provisions	227	(4)
Article II: Judicial Notice	231	(1)
Article III: Presumptions in Civil Actions and Proceedings	232	(1)
Article IV: Relevancy and Its Limits	233	(11)
Article V: Privileges	244	(1)
Article VI: Witnesses	244	(8)
Article VII: Opinions and Expert Testimony	252	(3)
Article VIII: Hearsay	255	(15)
Article IX: Authentication and Identification	270	(4)
Article X: Contents of Writings, Recordings, and Photographs	274	(3)
Article XI: Miscellaneous Rules	277	(4)
Table of Cases	281	(2)
Index	283