Problems in Evidence

by Broun, Kenneth S.; Mosteller, Robert P.; Bilionis, Louis D.

• ISBN13: 9780314240385
• ISBN10: 0314240381
• Edition: 4th
• Format: Paperback
• Copyright: 2001-05-01
• Publisher: West Group

Summary

The authors added problems that raise interesting evidentiary issues not covered in the prior editions. Many problems have been rewritten and all have been edited to make sure they are all readable, easily understood, and accessible to today's law students. Authors also have modernized the problems to take into account current technology, especially in dealing with demonstrative evidence and writings. Problems in Evidence, 4th can be used with McCormick's Hornbook on Evidence (West Group, 5th ed. 2000) and no casebook. Citations are given after each problem to the appropriate McCormick sections and to the applicable Federal Rule of Evidence.

Table of Contents

Preface to Fourth Edition	iii
Preface to Third Edition	v
Preface to Second Edition	vii
Preface to First Edition	ix
TOPIC I. AN INTRODUCTION TO THE ADVERSARY SYSTEM
Characteristics of the Adversary System	2	(12)
Limitations of the Adversary System	14	(4)
TOPIC II. THE FRAMEWORK OF DECISION
Allocating the Case	18	(1)
Burden of Proof	19	(6)
Presumptions	25	(6)
The Order of Proof	31	(5)
TOPIC III. RELEVANCY AND ITS LIMITS
The Concept of Relevancy	36	(6)
Formalized Applications of the Relevancy Concept	42	(24)
TOPIC IV. COMMUNICATING DATA TO THE TRIER OF FACT
Judicial Notice	66	(9)
Real and Demonstrative Evidence	75	(9)
Writings and Related Matters	84	(13)
Testimonial Evidence	97	(43)
TOPIC V. THE HEARSAY RULE
The Foundation of the Rule and Confrontation	140	(23)
Exceptions to the Hearsay Rule	163	(45)
TOPIC VI. PRIVILEGE
Protecting Relationships by Means of Privilege	208	(18)
Privileges Designed to Safeguard Governmental Operations	226
Appendices
A. Hines v. National Motor Co.	238
B. State v. Well	252