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Evidence: Practice, Problems, and Rules, Fourth Edition

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Authors
  • Arthur Best
Series / Aspen Casebook Series
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Book length
770 pages
Publication Date
2024-09-15
Edition
Fourth Edition
Teaching Materials
NO
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.

Offering a tested selection of interesting modern cases that help students learn the rules, recognize difficult issues of application, examine the policy choices inherent in the rules, and build their case-reading and analytical skills, Evidence: Practice, Problems and Rules, Fourth Edition is focused on preparing students for bar passage and law practice. Concise notes, relatively few in number, maximize the likelihood that students will engage with them. Examples of provocative minority approaches frame the Federal Rules choices. Essay-style problems and multiple-choice questions are presented throughout, with suggested analyses for every problem provided in the Teachers Manual.

New to the 4th Edition:

• Covers recent changes to the Federal Rules residual hearsay exception and the trend towards strengthened judicial control over admissibility of expert opinion that may have only weak support.
• United States v. Gallagher (4th Cir. 2024), offering a modern illustration of out-of-court words that are not hearsay because they are introduced to show their effect on a person who reads them.
• Shellman v. State (Georgia 2024), which applies a state’s residual exception in conjunction with a state precedent allowing consideration of how the statement is consistent with other evidence in the case.
• United States v. Huskey (4th Cir. 2024), which examines weak corroboration as a basis for rejecting admissibility under the residual exception.
• Reflects Rules amendments, effective in December 2024, related to extrinsic evidence of prior inconsistent statements, treatment of a predecessor-in-interest’s statements as an opponent’s statement when offered against a successor-in-interest, and broadening the corroborating circumstances a court must consider in applying the hearsay exception for statements against penal interest.

Professors and student will benefit from:

• Clear organization.
• Straightforward introduction to each section and case.
• Modern interesting cases that reinforce reading and analytical skills; remembering the rules; recognizing difficult issues of application; examining the policy choices inherent in the rules.
• Concise notes; relatively few in number; maximize the likelihood that students will engage with them.
• Examples of provocative minority approaches to frame the Federal Rules choices.

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Table of Contents
Summary of Contents

Contents
Preface
Acknowledgments
Using the Videos 

1    Relevance 
2    Social Policy Relevancy Rules 
3    Proof of Character 
4    Habit and Sexual Conduct in the Context of Character 
5    Hearsay: Foundations of the Doctrine 
6    Opponents’  Statements 
7    Witnesses’ Own Out-of-Court Statements 
8    Hearsay Exceptions: Spontaneous and Personal Statements 
9    Hearsay Exceptions: Recorded Statements 
10    Hearsay: Unavailability Required Exceptions 
11    Modifications of the Basic Hearsay Rules 
12    Impeachment 
13    Witnesses 
14    Opinions 
15    Privileges 
16    Authentication and the Original Writing Rule 
17    Presumptions and Judicial Notice 

Table of Cases
Table of Authorities
Index 


 
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Preface
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About the authors
Arthur Best
Professor of Law
Sturm College of Law & University of Denver

Before entering law teaching, Arthur Best worked in the general counsel’s office of the Federal Communications Commission, as a trial attorney for the Federal Trade Commission, as a project director for Ralph Nader’s Center for Study of Responsive Law, and as a deputy commissioner in the New York City Department of Consumer Affairs. He has published broadly in fields including evidence, torts, advertising regulation, dispute resolution, and lawyers’ ethics. Among his books are When Consumers Complain (Columbia University Press: 1981), Evidence: Examples and Explanations (6th edition, Aspen: 2007), Basic Tort Law (2d edition, Aspen: 2007) (co-author), and annual and semi-annual Wigmore on Evidence Supplement volumes (Aspen: since 1995). Recent articles are “Student Evaluations of Law Teaching Work Well: Strongly Agree, Agree, Neutral, Disagree, Strongly Disagree,” 40 Southwestern L. Rev.1 (2007), “Impediments to Reasonable Tort Reform: Lessons from the Adoption of Comparative Negligence,” 40 Ind. L. Rev. 1 (2007), “Internet Yellow Page Advertising,” 55 Journal of the American Academy of Dermatology 67 (co-author) (2006), and “Manufacturers’ Responsibility for Harms Suffered by Victims of Counterfeiters: A Modern Elaboration of Causation Rules and Fundamental Tort Law Policies,” 8 Currents: Int’l Trade L.J. 43 (Summer 1999). Best has served as Associate Dean for Academic Affairs at the Sturm College of Law at University of Denver and as president of the University’s Faculty Senate. He has represented the Association of American Law Schools and the American Bar Association as a member and chair of law school accreditation inspection teams. He has also served on the board of directors of Colorado Lawyers for the Arts and of the Denver-based Hannah Kahn Dance Company.
Product Information
Edition
Fourth Edition
Publication date
2024-09-15
Copyright Year
2024
Pages
770
Connected eBook with Study Center + Hardcover
9798889066002
Connected eBook with Study Center (Digital Only)
9798889066019
Subject
Evidence
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