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This course will survey the common law, state statutory and federal rules of evidence. The rules, principles behind the rules, and cases interpreting them shall be examined. It will expose students to many of the issues that confront the everyday practice of law arising under the federal rules of evidence in the courts of the United States. The topics covered in this course include: making the record; relevance (character, habit, and other policy based rules); hearsay (definition, exceptions, and exemptions); 6th Amendment Confrontation Clause; direct and cross-examination, and impeachment; writings (authentication and best evidence rule); competency of witnesses; and, opinion and scientific evidence.
Textbooks and Other Materials
The textbook information on this page was provided by the instructor. Students should use this information when considering purchases from the AU Campus Store or other vendors. Students may check to determine if books are currently available for purchase online.
Required MaterialsRequired casebook: Park and Friedman, Evidence, Cases and Materials, 12th edition (2012); Foundation Press, ISBN: #9781609301385; with 2015 Update (distributed to class by instructor without charge). Required evidence pamphlet: Daniel J. Capra, Federal Rules of Evidence with Evidence Map, 2017-2018; West Publishing, ISBN: #9781683287599.
First Class Readings
Class 1, January 9th
Required Background ReadingChapter 1
Casebook: 1-77; FRE: 101 & 1101, 102-106 and Advisory NotesRequired background reading. Information in this chapter will be applicable throughout the course. FRE 101-106 are foundational to all other rules.
Class 2, January 11thChapter 2-A-B
Casebook 79-88, Problems 100-101; FRE: 401-402, 403 and Advisory Notes