Basic Problems In Evidence

Author : Arthur Best
Publisher : Aspen Publishers
ISBN 13 :
Total Pages : 316 pages
Book Rating : 4.F/5 ( download)

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Download or read book Evidence written by Arthur Best and published by Aspen Publishers. This book was released on 1999 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Arthur Best's 'plain language' version of the Federal Rules of Evidence earned the gratitude of thousands of students who turned to his book for clear explanations of the many rules, principles, and policies of evidence law. Both students and instructors will find this third edition of EVIDENCE: Examples & Explanations as effective as it is engaging. This best-selling study guide follows the proven format of the Examples & Explanations Series to make the study of evidence as painless as possible. For every topic, Best presents questions of varying degrees of difficulty, followed by clear explanations of how to analyze the problems. His examples put the rules in context and show students the real-life applications of the material. This edition reflects developments concerning the Federal Rules, specifically: -Rule 407 regarding strict liability -Rule 804 concerning the new hearsay exception -Rule 801's new provision requiring proof to substantiate witness testimony in some cases -New Rule 807 eliminating redundancies in the hearsay provisions of Rules 803 and 804 The author also presents important new Supreme Court cases, including: -U.S. v. Scheffer -Swindler & Berlin v. U.S. -General Electric Co. v. Joiner For specific guidance on a particularly complicated concept or general reinforcement of the full range of course material, EVIDENCE: Examples & Explanations, Third Edition, Is a proven partner in teaching and learning. Table of Contents Preface Acknowledgements Chapter 1: The General Requirement of Relevance Introduction The Basic Standard and Its Application Unfair Prejudice Limited Admissibility Conditional Relevance Recurring Situations Flight Similar Happenings Statistical Proof Chapter 2: Specific Exclusions of Relevant Material Introduction Insurance Subsequent Remedial Measures Compromises and Offers to Compromise Payments of Medical Expenses Nolo Contendere and Withdrawn Guilty Pleas Character Evidence The Propensity Inference Non-propensity Uses of Character Evidence 'Character in Issue' Habit Form of Proof Related to Character Character of the Accused And The Victim Character of Sexual Assault Victim Constitutional Restrictions on Exclusion of Defense Evidence Summary of Permitted Uses of Propensity Evidence Chapter 3: Defining Hearsay Introduction Basic Rule Basic Rationale for Excluding Hearsay Detailed Analysis of Statements Typically not Offered to Prove the Truth of What They Assert Visual Aids Detailed Analysis of What Constitutes a Statement Classic Hearsay Puzzles Chapter 4: Exceptions To The Hearsay Exclusionary Rule Introduction Hearsay And The Confrontation Clause Statements Exempted from the Federal Rules Definition of Hearsay Groupings of Hearsay Exceptions under the Federal Rules Statements Defined as Hearsay but Admissible Without Regard To The Declarant's Availability Statements Defined as Hearsay but Admissible if the Declarant is 'Unavailable' Residual Exception Chapter 5: Examination and Impeachment Introduction General Competency Rules Scope and Style of Examination General Right to Impeach Impeachment by Showing the Witness Lied Intentionally Timing for Proof of Crimes, Acts, and Character Impeachment by Proof of Poor Perception or Memory Impeachment by Contradiction Prior Statements by a Witness Impeaching a Hearsay Declarant Chapter 6: Expert Testimony Introduction Topics for Expert Testimony Qualification as an Expert Type of Data Testimony Based on Scientific Experiments Style of Testimony Chapter 7: Privileges Introduction Attorney-Client Privilege Spousal Communications Physician-Patient Therapist-Patient Priest-Penitent Governmental Executives and I