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Problems and Simulations in Evidence

Problems and Simulations in Evidence - 3rd edition

ISBN13: 978-0820560861

Cover of Problems and Simulations in Evidence 3RD 04 (ISBN 978-0820560861)
ISBN13: 978-0820560861
ISBN10: 0820560863
Cover type:
Edition/Copyright: 3RD 04
Publisher: Lexisnexis / Matthew Bender
Published: 2004
International: No

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Problems and Simulations in Evidence - 3RD 04 edition

ISBN13: 978-0820560861

Thomas F. Guernsey

ISBN13: 978-0820560861
ISBN10: 0820560863
Cover type:
Edition/Copyright: 3RD 04
Publisher: Lexisnexis / Matthew Bender

Published: 2004
International: No
Summary

Using both problems and simulations, this set of materials is designed to teach the reader to approach Evidence in a systematic manner; to analyze both legal doctrine and the factual setting in which that doctrine works. Perhaps the most unique aspect of these materials is the use of simulation. While many of the simulations contained in this book are done in the classroom and involve direct and cross-examination, many others involve non-courtroom situations and are designed to be performed outside the classroom. Many of the simulations performed outside the classroom are followed by questionnaires. When these questionnaires are answered after the exercise, they should provide immediate feedback on the reader's understanding of the evidentiary principles involved.

The third edition of Problems and Simulations in Evidence also contains two Performance Tests which were used for the California bar examination. As the majority of bar applicants in the United States now take at least one Performance Test on the bar examination, these tests will expose to readers the type of examination they most likely will take.

Table of Contents

INTRODUCTION

Chapter 1. RELEVANCY

Chapter 2. COMPETENCY, PERSONAL KNOWLEDGE AND OATH OR AFFIRMATION

Chapter 3. FORM OF THE QUESTION

Chapter 4. HEARSAY

A. The Hearsay Rule
B. Prior Statements
C. Admissions
D. Spontaneous Declarations
E. Records
F. Additional Exceptions
G. Preliminary Review
H. Unavailability Required
I. Constitutional Concerns

Chapter 5. LAY AND EXPERT OPINIONS

Chapter 6. AUTHENTICATION

Chapter 7. THE ORIGINAL DOCUMENT RULE

Chapter 8. REAL, ILLUSTRATIVE, EXPERIMENTAL AND SCIENTIFIC EVIDENCE

Chapter 9. RULES OF RELEVANCE

A. Subsequent Remedial Measures
B. Compromise and Offers To Compromise
C. Payment Of Medical and Similar Expenses
D. Pleas, Plea Discussions, and Related Statements
E. Liability Insurance
F. Habit; Routine Practice; Introduction To Character
G. Character Evidence For Substantive Purposes
H. Sex Offense Cases

Chapter 10. CROSS-EXAMINATION AND IMPEACHMENT

A. Cross-Examination Generally
B. Who Can You Impeach?
C. Is It Proper Subject Matter?
D. Prior Inconsistent Statements
E. Bias, Interest, Corruption
F. Capacity
G. Convictions
H. Bad Acts
I. Opinion or Reputation
J. Rehabilitation
K. Constitutional Implications

Chapter 11. JUDICIAL NOTICE

Chapter 12. PRIVILEGES

A. Attorney-Client
B. Physician-Patient
C. Spousal Privileges

Chapter 13. BURDENS OF PROOF AND PRESUMPTIONS

A. Burdens of Proof
B. Civil Presumptions
C. Criminal Presumptions

Chapter 14. INTEGRATION & REVIEW

APPENDIX A: State v. Duffy

Offense Report
Supplemental Offense Report
Statement of Sherry Van Donk
Statement of Glenda Berg
Indictment
Warrant for Arrest
Search Warrant
Details of Arrest
Statement of Arlo Duffy
Red Barn Food Concession Invoice
Letter Dated May 8, Yr-0
Letter Dated May 23, Yr-0
Record of Arrest
Relevant Statutory Provisions
APPENDIX B: Donato v. Donato
APPENDIX C: Paula v. David and Popular Dry Goods

APPENDIX D: In re Berger

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APPENDIX E: Dodson v. Canadian Equipment Company

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Cover of Problems and Simulations in Evidence 4th edition

Problems and Simulations in Evidence - 4th edition

ISBN13: 978-1422478974
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