Author: G. Michael Fenner
Release Date: 2013
The hearsay rule is for many the most difficult rule of evidence to understand and apply. This treatise on hearsay will be invaluable for students, practitioners, and judges — for anyone involved with the law of evidence. It explains the basic concept of hearsay, using both time-tested and innovative new methods. It then explains hearsay exclusions and exceptions, including important exceptions found outside of the Rules of Evidence — in the Federal Rules of Civil and Criminal Procedure, for example. For each exclusion and exception, the book begins with a foundational approach, presenting the foundational elements the law student must know, the lawyer wanting admission must show, and the lawyer trying to block admission must defeat. Extensive “Use Notes” explain each foundational element and how to make it work for you.The author discusses important topics such as: the use of judicial notice as a hearsay exception; admitting the hearsay statement of an incompetent witness; using opinion evidence — lay and expert — to get around the bar of the hearsay rule; the problem of multiple hearsay (and ways to make the problem go away); and the special problems of state of mind evidence. The treatise focuses on ways in which the hearsay rules can be manipulated to advance the advocate's goals and on how many of the exclusions and exceptions interrelate. The final chapter addresses the hearsay rule and the Confrontation Clause. Most of these are topics not commonly addressed in other works.Pre-publication versions of this treatise have been used with great success by students at Harvard, the University of Virginia, Tulane, and Creighton, among others. This book will benefit anyone involved in the trial process, whether as a student, a lawyer, or a judge.
Author: J R Spencer
Publisher: Bloomsbury Publishing
Release Date: 2014-11-01
The Criminal Justice Act 2003 re-wrote the hearsay evidence rule for the purpose of criminal proceedings, enacting the recommendations of the Law Commission together with some proposals from the Auld Review. In 2008, Professor Spencer wrote a book explaining the new law, intended for practitioners as well as academics. Following the style of his earlier book about the new law on bad character evidence, the core of the hearsay book was a section-by-section commentary on the relevant provisions of the Act, discussing the case law that had interpreted them. Since the appearance of the first edition, the new law on hearsay evidence has been the subject of a spectacular exchange between the UK Supreme Court and the European Court of Human Rights, the effects of which the Court of Appeal has interpreted in several leading cases. In this new edition, the commentary is revised to take account of these developments. As in the first edition, the commentary is preceded by chapters on the history of the hearsay rule, and the requirements of Article 6(3)(d) of the European Convention on Human Rights. It is followed by an appendix containing the text of the statutory provisions and a selection of the leading cases.
Author: Michael M. Martin
Publisher: Aspen Publishers Online
Release Date: 2003
If you litigate or preside in any court in the state of New York, you know just how confounding the state's evidence law can be. New York Evidence Handbook is the new, comprehensive guide to all of the rules and principles of evidence applicable in New York courts. This new 1,000 page handbook presents a practical, contemporary approach to evidence -- written with the real-world challenges of the New York trial lawyer and judge in mind. It gathers into one, easy-to-use handbook all of the rules, the leading decisions, and the significant statutes you need to consider when assessing the admissibility of evidence. The book walks you through all the rules and their operation (as they relate to judicial notice, presumptions, relevance, the 'best evidence' rule, etc.) discussing all of the leading authorities, and citing numerous trial examples. Throughout New York Evidence Handbook, special attention is paid to helping you quickly solve commonly encountered, but difficult, evidence questions. Without requiring you to pore through older cases of little precedential value, you'll find the latest rules, cases and analysis on: Expert evidence - Including DNA profiling, expert opinions based on facts not in evidence Hearsay - Confrontation Clause problems, prior statements of witnesses, admissions by employees, hearsay included in business records Privileges - Attorney client-privilege in the corporate setting, inadvertent or selective waivers, privileges for health care professionals Witnesses - Impeachment by prior convictions and bad acts, evidence from hypnotized witnesses, prior inconsistent and consistent statements Relevancy - Chain of custody for physical evidence, gory photographs, character and uncharged crimes, stipulations.
Author: Jefferson L. Ingram
Release Date: 2011-09-21
Part of the John C. Klotter Justice Administration Legal Series, this revision presents the latest developments in the law of evidence that are of interest to criminal justice personnel. Highlights include: chapter outlines, lists of key terms and concepts for each chapter, a glossary, and new, up-to-date cases in Part II. Introduces the reader to the basics of collecting, preserving, and presenting evidence in a criminal court to convict the guilty and acquit the innocent. Highlights include: chapter outlines, lists of key terms and concepts for each chapter, briefs of judicial decisions, a glossary, appendices, and up-to-date table of cases. New eleventh edition presents the latest developments in the law of evidence that are of interest to criminal justice personnel. Student aids include chapter outlines, key terms and concepts lists, a glossary, a table of cases cited, and online case study questons. Professor resources are available on the publisher's homepage, and include Instructor's Guide, Test Bank, and Lecture PowerPoint Slides.
Author: Steven Emanuel
Publisher: Aspen Publishers Online
Release Date: 2010
The most trusted name in law school outlines, Emanuel Law Outlines support your class preparation, provide reference for your outline creation, and supply a comprehensive breakdown of topic matter for your entire study process. Created by Steven Emanuel, these course outlines have been relied on by generations of law students. Each title includes both capsule and detailed versions of the critical issues and key topics you must know to master the course. Also included are exam questions with model answers, an alpha-list of cases, and a cross reference table of cases for all of the leading casebooks. Emanuel Law OutlineFeatures: #1 outline choice among law students Comprehensive review of all major topics Capsule summary of all topics Cross-reference table of cases Time-saving format Great for exam prep
Author: Charles P. Nemeth
Publisher: Jones & Bartlett Learning
Release Date: 2011-08-24
"Law and Evidence: A Primer for Criminal Justice, Criminology, Law and Legal Studies, Second Edition," introduces the complex topics of evidence law in a straightforward and accessible manner. The use and function of criminal evidence and civil evidence in cases is examined to offer a complete understanding of how evidence principles play out in the real world of litigation and advocacy. This revised Second Edition includes new sections on Rules and Case Law Analysis, Forensic Cases, and Evidentiary Software Programs. Important Notice: The digital edition of this book is missing some of the images or content found in the physical edition.
After your casebook, Casenote Legal Briefs will be your most important reference source for the entire semester. It is the most popular legal briefs series available, with over 140 titles, and is relied on by thousands of students for its expert case summaries, comprehensive analysis of concurrences and dissents, as well as of the majority opinion in the briefs. Casenote Legal Briefs Features: ;Keyed to specific casebooks by title/author Most current briefs available Redesigned for greater student accessibility Sample brief with element descriptions called out Redesigned chapter opener provides rule of law and page number for each brief Quick Course Outline chart included with major titles Revised glossary in dictionary format
This book sets out the rules of evidence, as they apply in Australian courts, in a manner designed to be highly accessible and readily comprehensible. Equal treatment is given to both the uniform evidence legislation - now applicable in Federal Courts and in the courts of the Australian Capital Territory, New South Wales and Tasmania - and the common law that applies in the remaining Australian jurisdictions. This edition has been completely rewritten to take account of major case law and statutory developments since the first edition. It details the key divergences and convergences in the law of evidence across Australia and addresses a number of significant international comparisons. Examples are used throughout the text to illustrate the practical application of the law, while diagrams graphically summarise complex legal issues.