Evidence: text, cases, and problems
New material, a new co-author, and a new student friendly uniform chaper organization highlight the second edition of this chapter organization highlight the seconde of of this incisive evidence casebook. Authors Allen, Kuhns, and Swift enliven otherwise abstract concepts as they reveal the foundations of the law and rules of evidence. EVIDENCE: Text, Cases, and Problems, Second Edition, emphasizes two main themes: Analytic approach - First, The authors address each major topic as a problem of relevancy. Then they discuss the evidence policy underlying each rule in terms of its effect on jury reasoning. Diagrams illustrate this approach throughout the book. Contextual approach - Issues of admission and exclusion of evidence are analyzed from the perspectives of the major players in the trial process - advocates, judges, and juries. To increase accessibility and facilitate learning, The Second Edition: opens with a criminal trial transcript which serves as a basis for illustrations and problems throughout the book follows a consistent chapter structure of three sections: Interpretation and Illustration to introduce and apply the rule, Elaboration to analyze the policy and draft questions, and Reflections to offer in-depth analysis and new perspectives offers separate and unique chapters on Presumptions and Burdens of Proof in Civil Cases and Presumptions and Burdens of Proof in Criminal Cases New material includes: significant judicial opinions, such as Daubert v. Dow-Merrill Pharmaceuticals and Tome v. United States new Federal Rules of Evidence 413-415 Rule Amendments and Proposed Revisions to FRE new problems With EVIDENCE: Text, Cases, and Problems, Second Edition, students grasp the pivotal role of the rules of evidence in the adversary system.
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THE PROBLEM OF CONDITIONAL RELEVANCY
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action in conformity admissible pursuant admitted adversary system affirmative defense analysis answer apply appropriate arguably argument assertion attorney attorney-client privilege believe best evidence rule burden of persuasion burden of proof Chapter character trait client common law communications conclusive presumption conformity with character confrontation clause conviction court held crime criminal cross-examination decide declarant's declaration declarations against interest defendant defendant's discussion evidence is admissible evidentiary example exception exclude exclusionary rule expert extrinsic evidence fact finder Federal Rules hearsay rule impeachment inadmissible inconsistent statement inferential instructor may want issue judge's judicial notice jurors knowledge lawyer material matter Mullaney opinion out-of-court permit person plaintiff prejudice preliminary fact present sense impression presumption priest-penitent privilege prior probably problem is based prosecution prosecutor purpose pursuant to FRE rape reasonable doubt rely reputation requirement Section sexual specific acts evidence statute substantive suggest testify trial judge Ulster County victim Winship witness witness's