Evidence and the Advocate: A Contextual Approach to Learning Evidence

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LexisNexis, Jan 3, 2014 - Law - 736 pages
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Evidence and the Advocate teaches each rule of evidence using a three pronged approach: (1) a treatise-like explanation of the rule, its purposes, exceptions and foundations; (2) cases, discussion questions and hypothetical problems related to the rule; and (3) an application section in which the students must prepare a courtroom exercise putting the rule into action. This approach forms a teaching template for each rule of evidence.

Each application exercise stands alone and has been designed to illuminate the rule being taught. The application exercises range from simple form-of-question drills to full-fledged evidentiary hearings. Some require minimal preparation, and others require significant out-of-class research and preparation. In the exercises, students serve as attorneys, witnesses, judges, and, in the more involved exercises, as a court of appeals. The exercises build on each other. The initial exercises focus on fundamental advocacy skills such as conducting a direct examination or laying the foundation for an exhibit. Later exercises incorporate these foundational skills for more complicated tasks such as writing a motion, impeaching a witness, or conducting a Daubert hearing on the reliability of expert testimony.

 

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Contents

SETTING AND PLAYERS IN THE ADVERSARIAL SYSTEM
DISCUSSION QUESTIONS AND APPLICATION EXERCISES
BACKGROUND AND EXPLANATORY MATERIAL
CASES QUESTIONS AND PROBLEMS
APPLICATION EXERCISES
APPLICATION EXERCISE
CASES QUESTIONS AND PROBLEMS
CONDITIONAL RELEVANCE
CASES DISCUSSION QUESTIONS AND PROBLEMS
INTRODUCTION TO IMPEACHMENT
APPLICATION EXERCISE
CASES DISCUSSION QUESTIONS AND PROBLEMS
APPLICATION EXERCISES
CASES DISCUSSION QUESTIONS AND PROBLEMS
APPLICATION EXERCISE
CASES DISCUSSION QUESTIONS AND PROBLEMS

CASES DISCUSSION QUESTIONS AND PROBLEMS
APPLICATION EXERCISE
AN INTRODUCTION TO RELEVANCE
CASES QUESTIONS AND PROBLEMS
APPLICATION EXERCISE
CASES DISCUSSION QUESTIONS AND PROBLEMS
APPLICATION EXERCISE
APPLICATION EXERCISE
Cases
CASES DISCUSSION QUESTIONS AND PROBLEMS
APPLICATION EXERCISE
XVXVI
CASES DISCUSSION QUESTIONS AND PROBLEMS
APPLICATION EXERCISE
CASES DISCUSSION QUESTIONS AND PROBLEMS
APPLICATION EXERCISE
Special Balancing Tests
DEFENDANTS SEXUAL PROPENSITY
CASES DISCUSSION QUESTIONS AND PROBLEMS
APPLICATION EXERCISE
PART FOUR THE LAW OF WITNESSES
CASES DISCUSSION QUESTIONS AND PROBLEMS
APPLICATION EXERCISE
AUTHENTICATION OF ELECTRONIC
CASES DISCUSSION QUESTIONS AND PROBLEMS
APPLICATION EXERCISES
INTRODUCTION TO HEARSAY
CASES DISCUSSION QUESTIONS AND PROBLEMS
APPLICATION EXERCISE
CASES DISCUSSION QUESTIONS AND PROBLEMS
APPLICATION EXERCISE
ANALYSIS AND DISCUSSION OF INDIVIDUAL HEARSAY
HEARSAY WITHIN HEARSAY PAST
APPLICATION EXERCISE
HEARSAY EXCEPTIONS REQUIRING
APPLICATION EXERCISE
RULES 806 AND 807
APPLICATION EXERCISE
CASES DISCUSSION QUESTIONS AND PROBLEMS
QUALIFICATIONS
APPLICATION EXERCISE
BASIS AND SCOPE
APPLICATION EXERCISE
APPLICATION EXERCISE
TABLE OF CASES
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