Evidence in Focus: A Practitioner's Approach, First Edition

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Authors

Michael Tumposky

Series / Focus Casebook Series

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Book length

736 pages

Publication Date

2024-09-23

Edition

First Edition

Description

Table of contents

Preface

Buy a new version of this textbook and receive access to the Connected eBook with Study Center on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes practice questions, an outline tool, and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

Evidence in Focus: A Practitioner’s Approach teaches the Federal Rules from a practicing lawyer’s perspective, illustrates their role within the context of litigation, and gives due consideration to how judges apply the rules in reaching a decision. Fascinating cases narrate the trials of intriguing characters and breathe life into legal theory. Approachable writing, clear explanations, and real-world hypothetical problems enliven class discussion and develop students' critical thinking skills. Humor, references to popular culture, and links to audio or video clips keep students engaged in learning the Rules of Evidence.

Designed to be accessible, every chapter breaks down each rule into its component parts, explaining: 1) how each part functions separately, 2) how each part integrates with the remaining text of the rule, and 3) how the text of the rule fits into the overall structure of the Rules of Evidence. The Introduction provides helpful overviews of the foundational principles of the Rules of Evidence, and of how criminal and civil cases arrive at trial.

While on their face the rules may appear to have a neutral application, they cannot be divorced from the historical period from which they emerged, or from the interests of the segment of society that wrote them. Evidence in Focus: A Practitioner’s Approach examines how some common law principles and their lingering presence within the Rules have created inequities in the civil and criminal trial system.

Professors and students will benefit from:

A practitioner’s approach to learning the Federal Rules of Evidence.
Approachable writing, clear explanations, and straightforward examples.
Salient criticism of antiquated common law principles and rules with discriminatory effect.
Use of gender-neutral language in explanatory text.
Case Previews and Post-Case Follow-Ups. To succeed, law students must know how to deconstruct and analyze cases. Case Previews highlight the legal concepts in a case before the student reads it. Post-Case Follow-Ups summarize the important points and ramifications but also goes one step further, noting the significance of a case to current law.
Applying the Concepts and Evidence in Practice. Throughout the text, problems and examples based on real cases or hypothetical scenarios encourage students to synthesize chapter material and apply relevant legal doctrine to real-world scenarios. Students can use these exercises for self-assessment, or the professor can use them to promote class interaction.

Table of Contents

Summary of Contents

Table of Contents
Preface
Acknowledgments
About the Author
Introduction

PART 1. RELEVANCE AND ITS LIMITS
Chapter One Logical Relevance
Chapter Two Legal Relevance
Chapter Three Conditional Relevance
Chapter Four Balancing Probative Value and Unfair Prejudice
Chapter Five Special Rules of Relevance

PART 2. CHARACTER EVIDENCE
Chapter Six Character Evidence as Direct Proof of Guilt/ Liability
Chapter Seven Permitted Uses of Character Evidence Offered for a
Noncharacter Purpose
Chapter Eight Impeachment and Rehabilitation
Chapter Nine Special Rules for Sexual Assault Cases

PART 3. THE HEARSAY RULE AND ITS EXCEPTIONS
Chapter Ten The Rule
Chapter Eleven Rule 801(d) Hearsay Exemptions
Chapter Twelve Rule 804 Hearsay Exceptions — Declarant Unavailable
Chapter Thirteen Rule 803 Hearsay Exceptions — Declarant Available or Unavailable
Chapter Fourteen Miscellaneous Hearsay Issues

PART 4. OPINION EVIDENCE
Chapter Fifteen Overview of the Rules of Opinion Evidence
Chapter Sixteen Rule 702 in Depth
Chapter Seventeen Special Concerns Regarding Forensic Sciences
Chapter Eighteen Limits of Expert Testimony

PART 5. CONSTITUTIONAL EVIDENCE
Chapter Nineteen Crawford and The Right to Confront Witnesses
Chapter Twenty Bruton Doctrine
Chapter Twenty One Compulsory Process / Due Process

PART 6. PRIVILEGE
Chapter Twenty Two Absolute Privileges
Chapter Twenty Three Qualified Privileges
Chapter Twenty Four Defenses and Exceptions

Table of Statutes
Table of Cases
Index