Evidence

by Fisher, George

• ISBN13: 9781587781766
• ISBN10: 158778176X
• Format: Hardcover
• Copyright: 2002-08-01
• Publisher: West Academic

Summary

Inspired by problems that spring from real life, Evidence presents the intricacies of evidence law in a way that law students will find both intellectually compelling and enjoyable. The author covers materials in detail, including relevance, reliability, and privileges. Whenever possible, problems are based on facts quoted from cases or news articles, complete with citations. This fact-based approach piques student interest, causing them to ask, ?How would a good lawyer attack this problem?? rather than ?What is the professor driving at?? Written with the belief that students typically prefer to look at the courtroom world through the criminal law lense, the casebook emphasizes the criminal context, while using civil cases when illustrating rules that apply mainly in the civil context.

Table of Contents

Preface	v
Acknowledgments	vii
Table of Cases	xxv
Table of Secondary Authorities	xxxi
Introduction	1	(16)
UNIT I: RELEVANCE	17	(308)
General Principles of Relevance	18	(61)
Probativeness and Materiality	18	(12)
Conditional Relevance	30	(8)
Probativeness Versus the Risk of Unfair Prejudice	38	(41)
The Specialized Relevance Rules	79	(45)
Subsequent Remedial Measures	84	(13)
Compromise Offers and Payment of Medical Expenses	97	(9)
Liability Insurance	106	(10)
Pleas in Criminal Cases	116	(8)
Character Evidence	124	(113)
The Character--Propensity Rule	124	(19)
Routes Around the Box	143	(32)
The Huddleston Standard	175	(7)
Propensity Evidence in Sexual Assault Cases	182	(26)
Proof of the Defendant's and the Victim's Character	208	(16)
Proof of Defendant's and Victim's Character in Civil Cases	224	(7)
Evidence of Habit	231	(6)
Character for Truthfulness	237	(49)
General Principles	237	(11)
Use of Past Convictions	248	(29)
Rehabilitation	277	(3)
Use of Extrinsic Evidence	280	(6)
The Rape Shield Law	286	(39)
Historical Backdrop	286	(5)
The Shield Law	291	(8)
The Law in Force	299	(26)
UNIT II: RELIABILITY	325	(402)
Competency of Witnesses	326	(8)
The Rule Against Hearsay	334	(185)
Historical Prelude	334	(2)
Defining Hearsay	336	(27)
Statements of Party-Opponents	363	(22)
Past Statements of Witnesses and Past Testimony	385	(37)
Hearsay Exceptions Under Rule 804: ``Declarant Unavailable''	422	(33)
Hearsay Exceptions Under Rule 803: ``Availability of Declarant Immaterial''	455	(64)
Confrontation and Compulsory Process	519	(68)
The Confrontation Clause and Hearsay	519	(31)
The Bruton Doctrine	550	(23)
Compulsory Process	573	(14)
Lay Opinions and Expert Testimony	587	(109)
Lay Opinions	587	(7)
Expert Testimony	594	(102)
Authentication, Identification, and the ``Best Evidence'' Rule	696	(31)
Authentication and Identification	696	(18)
The ``Best Evidence Rule''	714	(13)
UNIT III: PRIVILEGES	727	(132)
Privileges: General Principles	728	(27)
The Lawyer--Client Privilege and the Privilege Against Self--Incrimination	755	(72)
Scope of the Lawyer--Client Privilege	756	(27)
The Crime--Fraud Exception	783	(7)
Government Lawyers	790	(6)
The Lawyer--Client Privilege and the Privilege Against Self--Incrimination	796	(31)
Familial Privileges	827	(32)
The Marital Privileges	827	(20)
A Parent--Child Privilege?	847	(12)
Conclusion	859	(8)
Index	867