Federal Rules of Evidence: Rules, Legislative History, Commentary and Authority

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LexisNexis, Jan 3, 2014 - Law - 1268 pages
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This one-volume treatise provides clear and concise explanations for the application and practical effect of each Rule of Evidence--a valuable resource for any Evidence student. This treatise was recently cited as "the authoritative text" on federal evidence law (United States v. Schlesinger, 372 F. Supp. 2d 711, 720 (E.D.N.Y. 2005)). Annually supplemented and complete, this edition contains a careful examination of the most recent changes in the Federal Rules. This edition includes a detailed line-by-line summary and analysis of the newest Federal Rule of Evidence, Rule 502, which sets forth certain important new limitations on the waiver of the attorney-client privilege and work product protection. It also discusses the Supreme Court's latest decision in Kansas v. Ventris (2009), concerning the extent to which a witness may be impeached with prior inconsistent statements that were obtained in violation of witness's constitutional rights. And of course it includes an extensive discussion of four landmark Supreme Court decisions, Crawford v. Washington (2004), Davis v. Washington (2006), Whorton v. Bockting(2007), and Giles v. California (2008), which have completely rewritten the law governing the right of a criminal defendant to rely on the Confrontation Clause to obtain the exclusion of otherwise admissible hearsay.
 

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Contents

Evidence Challenge
Statute
Rule 602 Need for Personal Knowledge
Rule 606 Jurors Competency as a Witness
Witness InGeneral
Outside Influence or Mistakes inEntering theVerdict on the Verdict Form 606 4 Procedurein Determining JurorMisconduct
Witness
Punishable by Imprisonment in ExcessofOneYear 609 3 Rule609a1 Convictions Appropriate for Impeachment
Rule 1005 Copies of Public Records
Rule 1002 Requirement of the Original
Rule 1003 Admissibility of Duplicates
Chapter1004 Rule 1004 Admissibility ofOtherEvidence
merely prima facie authentic 72
Diligence and Other Evidence of Contents
important considerations
Chapter1007 Rule1007 Testimony orStatementof a Partyto Prove Content

Rule 610 Religious Beliefs or Opinions
Court 611 3Rule611b Scope ofCrossExamination
Rule 612 Writing Used to RefreshaWitnesss
Rule705 Disclosing theFacts or Data
HEARSAY
24
Exclusions fromHearsay 801 1 The HearsaySystem AnOverview 801 2 Hearsay and the Confrontation Clauseof the Sixth Amendment
Other Considerations 801 26 Unique DoctrinesApplicable toAdmissions
Regardless of Whether the Declarant Is Available as
residual exception requirements
AUTHENTICATION AND IDENTIFICATION
Documents orDataCompilations 901 36 Types of Evidence to which the Ancient Document Rule
and dying declaration exceptions to thehearsay rule DallasCounty v Commercial Union Assur Co
Rule 901 44 Illustrative Authentication Statutes and Rules
CONTENTS OF WRITINGS RECORDINGS
Rule 1008 Functions of the Court and Jury
MISCELLANEOUS RULES Chapter 1101 Rule1101 Applicability ofthe Rules
Rule 1102 Amendments
U S C 2072and2074 1102 2 Rationale Chapter 1103 Rule 1103 Title
2
system
Rule502 AttorneyClient Privilege and Work
process
Secondthe evidence mustbe offeredas evidence ofa material fact In essencethis amountstoa restatement of the requirement of relevance alreadyimpos...
amendmentsnot being approved becauseofother pressing demands
Appendix B Proposed Federal Rules of Evidence Relating
General
WITNESSES
Rule 902 Evidence ThatIs SelfAuthenticating
Copyright

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