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The law governing the proof of disputed issues of fact, functions of the court and jury, competence and examination of witnesses, standards of relevancy, privileged communications, illegal evidence, hearsay rule, best evidence rule, parol evidence rule, presumptions, and judicial notice.
Textbooks and Other Materials
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1. Waltz, Park, and Friedman, Evidence, Cases and Materials, 11th edition (2009) Foundation Press, ISBN: # 9781599414485. The 2011 Update will be distributed in class. 2. FEDERAL RULES OF EVIDENCE, with Evidence Map, 2011-2012 (West Publishing Company) (pamphlet), ISBN # 9780314275349
First Class Readings
Evidence – Law-633-003 Spring, 2012 Jan 3, 2012 Prof. David Aaronson FIRST WEEK’S ASSIGNMENT The following references are to the casebook, Jon R. Waltz, Roger C. Park, and Richard D. Friedman, Evidence: Cases and Materials - Eleventh Edition (The Foundation Press, Inc., 2009), ISBN #9781599414485, and a required pamphlet, Federal Rules of Evidence (FRE), 2011-2012 (West Publishing Company), ISBN #9780314275349. There is a 2011 Update for the casebook that will be distributed in class - no charge - and posted on your course web page. Make sure that you purchase the 2011-2012 edition of the Federal Rules of Evidence; do not purchase the 2010-2011 edition. 1. Required Background Material Chapter I, pages 1-70 is required background reading. Information in this chapter will be referred to throughout the semester. This classic chapter – reproduced separately for litigators in pamphlet form - provides a discussion of the trial process and the process of proof through the eyes of a litigating attorney. In many ways, it is an overview of the entire course. Pages 62-70 offer examples of objections that trial lawyers often make to the introduction of evidence. You will benefit from referring to this chapter throughout the semester and reading it again at the end of the semester. 2. First Class Assignment Read Ch. II, Parts A and B, pp. 72-80. Introduction to relevance - relevant to what? The reading includes: The Judgment of Solomon, p. 72; Hart, James, Morgan & McCormick excerpts, pp. 72-79; Knapp v. State, p. 79-80. Optional reading: Students interested in gender issues as applied to the topic of Relevance might be interested in reading Ann Althouse, “Beyond King Solomon’s Harlots: Women in Evidence,” 65 Cal. L. Rev. 1265 (1992). It will be posted on your MyWCL evidence course page. Read: FRE 101 – Scope; 1101 - Applicability of Rules; 102 - Purpose and Construction; 103- Rulings on Evidence; 104 - Preliminary Questions; 105 - Limited Admissibility; 106 - Remainder of or Related Writings or recorded Statements; FRE 401 - Definition of Relevant Evidence; 402 - Relevant Evidence Generally Admissible and Irrelevant Evidence Inadmissible; and, 403 - Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time. Read Advisory Committee Notes following these rules. Review Hypotheticals, pp. 93-94. 2. Second Class Assignment Read, Ch. II, Part C, pp. 81-93. The reading includes: Old Chief v. U.S., pp. 81-90; Ballou v. Henri Studios, Inc. 91-93. Review Hypotheticals, pp. 93-94.