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The Hearsay Rule by
Publication Date: 2013-09-13
The hearsay rule is for many the most difficult rule of evidence to understand and apply. This treatise on hearsay will be invaluable for students, practitioners, and judges -- for anyone involved with the law of evidence. It explains the basic concept of hearsay, using both time-tested and innovative new methods. It then explains hearsay exclusions and exceptions, including important exceptions found outside of the Rules of Evidence -- in the Federal Rules of Civil and Criminal Procedure, for example. For each exclusion and exception, the book begins with a foundational approach, presenting the foundational elements the law student must know, the lawyer wanting admission must show, and the lawyer trying to block admission must defeat. Extensive ''Use Notes'' explain each foundational element and how to make it work for you.
The author discusses important topics such as: the use of judicial notice as a hearsay exception; admitting the hearsay statement of an incompetent witness; using opinion evidence -- lay and expert -- to get around the bar of the hearsay rule; the problem of multiple hearsay (and ways to make the problem go away); and the special problems of state of mind evidence. The treatise focuses on ways in which the hearsay rules can be manipulated to advance the advocate's goals and on how many of the exclusions and exceptions interrelate. The final chapter addresses the hearsay rule and the Confrontation Clause. Most of these are topics not commonly addressed in other works.
Pre-publication versions of this treatise have been used with great success by students at Harvard, the University of Virginia, Tulane, and Creighton, among others. This book will benefit anyone involved in the trial process, whether as a student, a lawyer, or a judge.
Electronic Evidence and Discovery by
Call Number: KF8947 .L36 2009
Publication Date: 2010-02-16
"Pack this one in your beach bag and get ready for nonstop fun." --- Susan Mallery, New York Times bestselling author, on Barefoot in the Sand As a professional gardener, Tessa Galloway can grow anything except the one thing she wants the most - a baby. Finally ready to take a chance on single motherhood by less-than-traditional means, her world is suddenly turned upside down when a sexy, mysterious new chef is hired for the resort in Barefoot Bay. Placed in the witness protection program after identifying his wife's killer, John Brown is on the cusp of getting back the only thing that matters - his toddler twins, taken into protective custody after the high profile crime that killed their mother. But when John learns the system requires him to prove he's married and stable before he can secure his children, he escalates the growing attraction for Tessa to a full-on seduction, leading right to the altar. But when love unexpected blooms between them, will his secret be the thing that uproots their happy ending?
Federal Rules of Evidence Manual by
Call Number: KF8935 B.S2 2011
Publication Date: 2011-12-01
Pt. I. Background of codification generally and the Federal Rules specifically -- Pt. II. The Rules themselves -- Pt. III. Rules approved by Supreme Court but rejected by Congress -- Pt. IV. Case law divergence from the Federal Rules of Evidence; Internet and email evidence.
Irrefutable Evidence by
Call Number: KF9660 .K87 2009
Publication Date: 2009-10-16
The rise of scientific thinking in finding, catching, and convicting criminals--and, just as important, freeing the innocent--has transformed society's assault on crime. Before scientific detective work, early attempts to maintain public safety relied on the severity of punishment rather than any probability of apprehension. But with the rapid development of the sciences in the nineteenth century, some techniques began to spill over into more effective police work. Michael Kurland's engrossing history of forensic science recounts this remarkable progress, which continues to the present. He traces the history of the major techniques of criminal detection and many of the minor ones. Here are Bertillon's physical measurements used to recognize habitual criminals; the study of fingerprints identifying criminals long after they have left the scene of the crime; Gravelle's comparison microscope comparing bullets to determine if they have been fired from the same gun; the development of bloodstain identification and, ultimately, the blood type involved. Mr. Kurland explains how once-accepted techniques have fallen by the wayside--handwriting analysis, for example--and how methods such as lie detectors, voice spectrum analysis, bite mark evidence, and other methods have proven unworthy. Finally Irrefutable Evidence explores the rise of modern DNA typing techniques, which have proven the innocence of many persons convicted of major crimes and resulted in the exoneration of more than two hundred on death row. With 12 black-and-white illustrations.
The New Wigmore by
Call Number: KF8935 .E95 2017
Publication Date: 2017
The New Wigmore: A Treatise on Evidence is an authoritative guide with answers to evolving questions in civil and criminal litigation. The series presents the same quality of research, thought, and analysis as the original Wigmore, creating a genuine present-day counterpart to the seminal evidence treatise.
Trial Evidence, Fourth Edition by
Call Number: KF8935 .M28 2012 CD-ROM
Publication Date: 2009-01-19
For insight into the actual application of evidentiary rules in the courtroom, Trial Evidence, Fourth Edition, takes the point of view of the trial judge. Highly respected authors Mauet and Wolfson explore the methods, strategies, and tactics of trial evidence through an analytical approach that reveals how judges and trial lawyers think about evidentiary rules—particularly the Federal rules of Evidence. A terrific contribution to trial practice teaching materials, Trial Evidence, Fourth Edition, features: sterling authorship from two luminaries in the clinical field complete coverage of the effective use of evidence in a trial setting an analytical structure that reflects how judges and trial lawyers think about evidentiary rules, particularly the Federal Rules of Evidence numerous examples that illustrate how various evidentiary issues arise in practice, both before and during trial Law and Practice sections, integrated throughout the book, based on actual federal and state cases chronological organization that follows the sequence of a trial —opening statement, direct examination, cross examination, closing arguments straightforward writing style and a focus on practice, not theory complimentary CD-ROM with over 300 evidence problems based on actual reported cases Updated throughout, The Fourth Edition includes: discussion of the Sixth Amendment Confrontation Clause, and all Supreme Court cases interpreting Crawford v. Washington coverage of the admissibility of electronic evidence, such as email, web pages postings, and digital photographs Amendments to FRE 404(a), 408, 606(b), and 609(a)(2), integrated throughout the text important Supreme Court updates through June 2008 new problems on the CD-ROM regarding the Confrontation Clause and electronic evidence admissibility issues Trial Evidence, Fourth Edition offers comprehensive coverage of the real-life applications of evidence at trial, helmed by two authors you trust to bring valuable insight into your classroom.
Nebraska Print Resources
Mangrum on Nebraska Evidence by
Call Number: KFN540 .M36 2011
Publication Date: 2011
This source for Nebraska evidence law enables you to quickly locate a particular rule and case law that applies to your issue. It discusses legislative history behind each rule, and highlights decisions by the United States Supreme Court that impact the operation of the Nebraska Rules of Evidence. Also reviews thousands of decisions by the Nebraska courts interpreting the Nebraska Rules of Evidence. Discusses controversial areas of evidentiary development in which the courts have not yet clearly resolved important evidentiary issues. Reviews expert testimony a step-by-step as developed by the federal courts under the auspices of Daubert, Kumho and Joiner.
Rules of Evidence by
Call Number: KFN540.A75 R85 2010
Publication Date: 2010
Rules of evidence / David A. Castello -- Electronic evidence in the public domain / Justin High -- Practical considerations and tips for protecting attorney-client communications / William F. Hargens, David Madden -- Practical considerations and tips for protecting work product / William F. Hargens, David Madden -- Recent Nebraska cases involving evidentiary issues / Justin W. High and Adam E. Astley.
Scientific Evidence for the Defense : DNA and Beyond by
Call Number: KFN580.A75 S35 2010
Publication Date: 2010
DNA for dummies / Brian G.D. Wraxall 0 -- Incorporating reliable forensic evidence into a theory of defense (and when to "smell a rat") / Jerry Soucie -- Jury selection and case themes in scientific evidence cases / Inese Neiders -- The latest confrontation clause rules for lab reports and expert testimony / Roger W. Kirst -- Bloodstains as evidence / Larry Barksdale -- Legal ethics and the criminal defense attorney / Dennis Carlson.
A Student's Guide to Hearsay by
Call Number: KF8969.Z9 F57 2011
Publication Date: 2011-08-01
The hearsay rule and its rationale -- Defining and recognizing hearsay -- Exceptions to the hearsay definition, exceptions to the hearsay rule : an introduction -- Exceptions to the hearsay definition : prior statements by witnesses, Rule 801(d)(1) -- Exceptions to the hearsay definition : opposing party's statement Rule 801(d)(2) -- Hearsay and the Sixth Amendment confrontation clause -- Exceptions to the hearsay rule : preliminary matters, multiple hearsay, credibility and impeachment -- Rule 803 : the "regardless of whether the declarant is available as awitness" exceptions : common oral statements, Rules 803(1)-803(4) -- Rule 803 : the "regardless of whether the declarant is available as awitness" exceptions : common written statements Rules 612 & 803(5)-803(10) -- Rule 803 : the "regardless of whether the declarant is available as a witness" exceptions : miscellaneous exceptions Rules 803(11)-803(23) -- Rule 804 : exceptions to the rule against hearsay "when the declarant is unavailable as awitness" -- The "residual exception" : Rule 807.
Evidence: Examples & Explanations by
Call Number: KF8935.Z9 B48 2009
Publication Date: 2017
This work includes clear and concise introductions to the concepts and Rules of Evidence, examples with questions that start out simply and gradually build in complexity, thorough explanations of how to analyze the questions in the examples, a "plain language" version of the Federal Rules of Evidence, complete with new amendments to the Rules, and generous use of visual aids, tables and charts that illustrate key concepts.
Evidence in a Nutshell by
Call Number: KF8935.Z9 R6 2012
Publication Date: 2012
This work summarizes significant U.S. Supreme Court decisions, including the latest Confrontation Clause cases; additional leading cases; forefront expert and scientific evidence developments; and principal schools of evidentiary thought. Includes practical implementation as well as scholarly approaches, and pays attention to the litigation process as a whole and interdisciplinary cross-pollination where helpful.
Federal Rules of Evidence in a Nutshell by
Call Number: KF8935.Z9 G7 2011
Publication Date: 2015
The Nutshell, reflecting the Federal Rules of Evidence as restyled and amended effective December 1, 2014, contains a crisp, clear, concise, and complete explanation of each Federal Rule of Evidence designed to prepare every student for the course final, the multistate bar examination, and most significantly a successful litigation practice career. The United States Supreme Court's controversial testimonial/nontestimonial interpretation of the Confrontation Clause developed in Crawford and progeny is thoroughly analyzed as well. With respect to the definition of hearsay, the not hearsay definition, the most commonly encountered hearsay exceptions, expert witnesses, and character evidence even more exhaustive treatment is provided. Concrete illustrations are presented throughout.
Mastering Evidence by
Call Number: KF8935.Z9 E15 2008
Publication Date: 2016
It is organized according to the same structure as the Federal Rules and is, therefore, easy to follow. For students who are concerned about the state rules of evidence, comments about traditional rules are made where appropriate.
Principles of Evidence by
Call Number: KF8935 .L55 2009
Publication Date: 2015
The emphasis in this book is on the Federal Rules of Evidence, now adopted in most states. Should the reader desire additional material, ample footnotes provide easy access to leading cases, articles, and standard reference works. The Fifth Edition contains an in-depth treatment of the important amendments to the Federal Rules of Evidence, including the most recent addition of Rule 502.
Questions & answers : evidence : multiple choice and short answer questions and answers by
Call Number: KF8935.Z9 L467 2009
Publication Date: 2013
Questions & answers : |b evidence : multiple choice and short answer questions and answers / |c The Late David P. Leonard, Professor of Law & William M. Rains Fellow, Loyola Law School, Los Angeles, and Paul C. Giannelli, Distinguished University Professor and Weatherhead Professor of Law, Case Western Reserve University.
Siegels Evidence by
Call Number: KF8935.Z9 S54 2009
Publication Date: 2012
The Siegel's Series works through key topics in a Q&A format, providing an additional source for self-quizzing. Titles in this exam-prep series contain essay questions with model answers, as well as multiple-choice questions and answers.
Understanding Evidence by
Call Number: KF8935 .G52 2009
Publication Date: 2013
Overview of evidence law -- Roles of judge and jury: FRE 614 -- Stages of trial -- Burdens of proof -- Presumptions and inferences: FRE 301 -- Objections and offers of proof: FRE 103 -- Preliminary questions of admissibility: FRE 104 -- Limited admissibility: FRE 105 -- Relevancy and its limits: FRE 401-403 -- Character evidence: FRE 404, 405, 412-15 -- Other-acts evidence: FRE 404(b) -- Habit evidence: FRE 406 -- Subsequent remedial measures: FRE 407 -- Compromises and offers: FRE 408 -- Medical payments: FRE 409 -- Criminal pleas and offers: FRE 410 -- Liability insurance: FRE 411 -- Witness competency: FRE 601, 603, 605, 606 -- Sequestration of witnesses: FRE 615 -- Examination of witnesses: FRE 611 -- Refreshing recollection: FRE 612 -- Witness credibility: FRE 607-609, 613 -- Lay witnesses: FRE 602 and 701 -- Expert testimony: FRE 702, 704, 706 -- Bases of expert testimony: FRE 703 and 705 -- Real and demonstrative evidence -- Photographs, tapes, and voice identifications -- Authentication of writings: FRE 901-903 -- Rule of completeness: FRE 106 -- "Best evidence" rule: FRE 1001-1008 -- Hearsay rule: FRE 801(a)-(c), 802, 805, 806 -- Hearsay exemptions: FRE 801(d) -- Hearsay exceptions: FRE 803 -- Hearsay exceptions: unavailable declarant: FRE 804 -- Residual exception: FRE 807 -- Right of confrontation -- Privileges: FRE 501 -- Attorney-client privilege -- Spousal and family privileges -- Doctor and psychotherapist privileges -- Other private privileges -- Governmental privileges -- Privilege against self-incrimination -- Judicial notice: FRE 201 -- Stipulations.
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