The law of evidence regulates the presentation of factual information at in the Anglo-American jury trial process and legitimates the outcomes of that process. In this intensive course the rules of evidence are presented and studied in the context of effective trial advocacy with some consideration of comparative perspectives on fact-finding in various legal systems. The course is structured around the Federal Rules of Evidence but also includes evidence issues from other sources. The basic topics of relevance, hearsay, form of direct and cross examination, rules of exclusion, illustrative aids, impeachment, authenticity, expert testimony, best evidence, privilege, and unfair prejudice will be covered through study and discussion of trial problems as well as of rules and cases.
Evidence is a prerequisite for the Trial Advocacy Workshop and can be the basis for certification to practice in conjunction with any of the Law School's clinical offerings.
Text: Green, Nesson, and Murray, Problems, Cases and Materials on Evidence (3rd ed. 2003), plus any 2012 Evidence Rules Supplement, and computer-aided instructional materials. The course text, lecture notes, assignments, and additional materials will be available on the course website.