Welcome to the IKCEST
Evidence Examples and Explanations

Evidence Examples and Explanations

Author: Arthur Best
ISBN: 9781454850045
publisher: Wolters Kluwer Law & Business
publisher Date: 10/28/2014
Price: 49.95
eBookPrice: 49.95
Schools: University of South Carolina,The University of South Dakota,Columbia University,Vanderbilt University
Description: 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 804The author also presents important new Supreme Court cases, including: —U.S. v. Scheffer —Swindler & Berlin v. U.S. —General Electric Co. v. JoinerFor 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\x09PrefaceAcknowledgementsChapter 1: The General Requirement of RelevanceIntroductionThe Basic Standard and ItsApplicationUnfair PrejudiceLimited AdmissibilityConditional RelevanceRecurring SituationsFlightSimilar HappeningsStatistical Proof\x09Chapter 2: Specific Exclusions of Relevant MaterialIntroductionInsuranceSubsequent Remedial MeasuresCompromises and Offers to CompromisePayments of Medical ExpensesNolo Contendere and Withdrawn Guilty PleasCharacter EvidenceThe Propensity InferenceNon—propensity Uses of Character Evidence"Character in Issue"HabitForm of Proof Related to CharacterCharacter of the Accused and the VictimCharacter of Sexual Assault VictimConstitutional Restrictions on Exclusion of Defense EvidenceSummary of Permitted Uses of Propensity EvidenceChapter 3: Defining HearsayIntroductionBasic RuleBasic Rationale for Excluding HearsayDetailed Analysis of Statements Typically not Offered to Prove the Truth of What They AssertVisual AidsDetailed Analysis of What Constitutes a StatementClassic Hearsay PuzzlesChapter 4: Exceptions to the Hearsay Exclusionary Rule\x09IntroductionHearsay and the Confrontation ClauseStatements Exempted from the Federal Rules Definition of HearsayGroupings of Hearsay Exceptions under the Federal RulesStatements Defined as Hearsay but Admissible Without Regard to the Declarant's AvailabilityStatements Defined as Hearsay but Admissible if the Declarant Is "Unavailable"Residual ExceptionChapter 5: Examination and Impeachment\x09Introduction General Competency RulesScope and Style of ExaminationGeneral Right to ImpeachImpeachment by Showing the Witness Lied IntentionallyTiming for Proof of Crimes, Acts, and CharacterImpeachment by Proof of Poor Perception or MemoryImpeachment by ContradictionPrior Statements by a WitnessImpeaching a Hearsay DeclarantChapter 6: Expert Testimony\x09\x09Introduction Topics for Expert TestimonyQualification as an ExpertType of DataTestimony Based on Scientific ExperimentsStyle of Testimony\x09Chapter 7: PrivilegesIntroduction\x09Attorney—Client PrivilegeSpousal CommunicationsPhysician—PatientTherapist—PatientPriest—PenitentGovernmental Executives and InformersChapter 8: Authentication and the Original Writing RuleIntroduction\x09AuthenticationOriginal Writing RuleChapter 9: PresumptionsIntroduction PresumptionsThe Federal Rules ChoiceProduction and Persuasion Burdens Defined and ComparedCriminal CasesChapter 10: Judicial NoticeIntroduction\x09Adjudicative and Legislative Facts DistinguishedProcedures for Judicial Notice\x09Appendix: Federal Rules of EvidenceArticle I: General ProvisionsArticle II: Judicial NoticeArticle III: Presumptions in General in Civil Actions and ProceedingsArticle IV: Relevancy and Its LimitsArticle V: PrivilegesArticle VI: WitnessesArticle VII: Opinions and Expert TestimonyArticle VIII: HearsayArticle IX: Authentication and IdentificationArticle X: Contents of Writings, Recordings, and PhotographsArticle XI: Miscellaneous Rules\x09Table of CasesIndex