Trial Evidence PDF
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Your FREE ACCESS to the Online Student Materials for Trial Evidence Sixth Edition ISBN: 978-1-4548-7002-9 To redeem your access code: • Email Customer Service at [email protected] and include your name and proof of purchase (a scan or PDF of your receipt). • You will receive an email on the same or next business day containing your unique access code and login instructions. • Please be sure any spam filter allows emails from [email protected]. For help, call 1-800-234-1660 and reference eBook Access Card – Mauet Trial Evidence Website. This offer is available with the purchase of eTextbooks only. 2 TRIAL EVIDENCE 3 EDITORIAL ADVISORS Erwin Chemerinsky Dean and Distinguished Professor of Law Raymond Pryke Professor of First Amendment Law University of California, Irvine School of Law Richard A. Epstein Laurence A. Tisch Professor of Law New York University School of Law Peter and Kirsten Bedford Senior Fellow The Hoover Institution Senior Lecturer in Law The University of Chicago Ronald J. Gilson Charles J. Meyers Professor of Law and Business Stanford University Marc and Eva Stern Professor of Law and Business Columbia Law School James E. Krier Earl Warren DeLano Professor of Law The University of Michigan Law School Richard K. Neumann, Jr. Professor of Law Maurice A. Deane School of Law at Hofstra University Robert H. Sitkoff John L. Gray Professor of Law Harvard Law School David Alan Sklansky Professor of Law Stanford Law School 4 5 6 Copyright © 2016 Thomas A. Mauet and Warren D. Wolfson. Published by Wolters Kluwer in New York. Wolters Kluwer Legal & Regulatory Solutions U.S. serves customers worldwide with CCH, Aspen Publishers, and Kluwer Law International products. (www.WKLegaledu.com) No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or utilized by any information storage or retrieval system, without written permission from the publisher. For information about permissions or to request permissions online, visit us at www.WKLegaledu.com, or a written request may be faxed to our permissions department at 212-771-0803. To contact Customer Service, e-mail [email protected], call 1-800-234-1660, fax 1-800-901-9075, or mail correspondence to: Wolters Kluwer Attn: Order Department PO Box 990 Frederick, MD 21705 Library of Congress Cataloging-in-Publication Data Mauet, Thomas A., author. Trial evidence / Thomas A. Mauet, Milton O. Riepe Professor of Law and Director of Trial Advocacy, University of Arizona College of Law; Warren D. Wolfson, justice of the Appellate Court of the State of Illinois (retired) and former dean and current Distinguished Visiting Professor, DePaul University College of Law.—Sixth edition. pages cm.—(Aspen coursebook series) Includes bibliographical references and index. eISBN 978-1-4548-7467-6 1. Evidence (Law)—United States. I. Wolfson, Warren D., author. II. Title. KF8935.M28 2016 347.73'6—dc23 2015036844 7 About Wolters Kluwer Legal & Regulatory Solutions U.S. Wolters Kluwer Legal & Regulatory Solutions U.S. delivers expert content and solutions in the areas of law, corporate compliance, health compliance, reimbursement, and legal education. Its practical solutions help customers successfully navigate the demands of a changing environment to drive their daily activities, enhance decision quality and inspire confident outcomes. Serving customers worldwide, its legal and regulatory solutions portfolio includes products under the Aspen Publishers, CCH Incorporated, Kluwer Law International, ftwilliam.com and MediRegs names. They are regarded as exceptional and trusted resources for general legal and practice-specific knowledge, compliance and risk management, dynamic workflow solutions, and expert commentary. 8 Contents Preface Citations I. AN ADVOCACY APPROACH TO TRIAL EVIDENCE II. THE ROLE AND POWER OF THE TRIAL JUDGE: EVIDENTIARY OBJECTIONS BEFORE AND DURING TRIAL III. OPENING STATEMENTS IV. DIRECT EXAMINATION OF WITNESSES: BASIC CONSIDERATIONS V. DIRECT EXAMINATION OF WITNESSES: RELEVANCE VI. DIRECT EXAMINATION OF WITNESSES: HEARSAY AND NON-HEARSAY VII. DIRECT EXAMINATION OF WITNESSES: HEARSAY EXCEPTIONS VIII. DIRECT EXAMINATION OF WITNESSES: POLICY EXCLUSIONS AND PRIVILEGES IX. DIRECT EXAMINATION OF EXPERTS X. EXHIBITS XI. JUDICIAL NOTICE AND PRESUMPTIONS XII. CROSS-EXAMINATION AND IMPEACHMENT OF LAY AND EXPERT WITNESSES XIII. REDIRECT, RECROSS, REBUTTAL, AND SURREBUTTAL XIV. CLOSING ARGUMENTS Appendix FEDERAL RULES OF EVIDENCE Index 9 Preface Citations I. AN ADVOCACY APPROACH TO TRIAL EVIDENCE §1.1. Introduction §1.2. The three “Rs” 1. Relevance 2. Reliability 3. Rightness §1.3. Using the three “Rs” §1.4. Conclusion II. THE ROLE AND POWER OF THE TRIAL JUDGE: EVIDENTIARY OBJECTIONS BEFORE AND DURING TRIAL §2.1. Introduction §2.2. Sources of judicial power 1. FRE 102 2. FRE 611 3. FRE 614 §2.3. Sources of judicial procedure 1. FRE 104 2. FRE 103 3. FRE 105 §2.4. Raising and meeting objections III. OPENING STATEMENTS §3.1. Introduction §3.2. Mentioning inadmissible evidence 1. Law 2. Practice §3.3. Mentioning unprovable evidence 1. Law 10
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