Evidence ---- Summer 2009
                   Evidence ---- Summer   2009

Professor Einesman            Phone: 619-525-1451
                                              Email: 
fle@cwsl.edu
Tuesdays, Wednesdays and Thursdays:  2:40 - 3:55  Room:  LH1

MY OFFICE HOURS FOR THIS WEEK ARE AS FOLLOWS:

Beginning the week of May May 11 my office hours will be Tuesday and Wed. 4-6 p.m.  or by appointment.

Evidence Syllabus Summer 2009 Part 1
Evidence Syllabus Summer 2009 Part II
Hearsay Quiz Summer 2009
Evidence Syllabus Summer 2009 Part III

 
Required Texts:

 
1. Problems, Cases and Materials on Evidence, Green, Nesson and Murray (3rd Edition)(Aspen Publishing 2001);

 

2. Federal Rules of Evidence (FRE) 2008-09 (West Group)

 

Recommended Texts:

 

Either:

 

Lilly, Principles of Evidence (4th Edition, West 2006)

or

 

Evidence Law: A Student's Guide, Park, Leonard, Goldberg (West 2004)

 

General Information:

 

Generally, I will be teaching this course through the problem method. At the core of the course are the Federal Rules of Evidence which must be studied along with the accompanying Advisory Committee Notes in the soft cover edition of the Federal Rules. You should read the applicable rules BEFORE you read and analyze the problems.

Also I highly recommend that you read the applicable sections of either recommended text (or both) before attempting to address the assigned problems.

I expect to cover approximately 7 problems/cases per class. To cover all eventualities, please be prepared to discuss the next 8 cases/problems from the point where we ended the prior class.

For our first class on MAY 5, 2009, I will address administrative matters and we will discuss an Introduction to Evidence. Due to the size of the class and the number of students on the wait list for this course, attendance at this class is MANDATORY.

For our second class on MAY 6, 2009 please prepare the following:
 

Chapter I: Relevance:  FRE 401, 402, 403:

 

MATERIALITY:

Text:   pp. 1-3

Case:   Tanner v. U.S. pp. 7-13

Prob:   The Pizza, p.  13

 

LOGICAL RELEVANCE: 
Prob:   The Burned Butt, p. 26

Prob:   Beer Cans in the Car, p. 26

 

CONDITIONAL RELEVANCE:  FRE 104

Text:   p. 28

Prob:   The Rim,  p. 28

Case:   Romano v. Ann & Hope Factory Outlet, plus note pp. 30-36.  

TUESDAY MAY 12:

FREV 403:

Old Chief

Photos of Decedent

Circumstantial Evidence

Silk Stockings

Seven T Shirts

 

WED. MAY 13:

Flight as Circumstanctial Ev

Non Flight as Circumstantial Ev

Missing Ev

Neither a Borrower

Double Indemnity

 

THURS.   MAY 14:

People v. Collins

Text pages 131-32

Entire Section on Subsequent Remedial Measures: FREV 407

_______________


 

TUESDAY MAY 19:

 

Entire Section on Settlement Offers and Proof of Insurance

Begin Evidence of Character: FREV 404: Read Text pages 171-174

Case: People v. Zackowitz

 

WED, MAY 20:

 

Begin with Problem: Return to Scene of Crime

through and including Huddleston

 

THURS. MAY 21:

 

Begin with: Nice Piece of Change through and including

Proof of D's Violent Character

_________________________________

 

TUESDAY MAY 26:
 
Entire section on Exceptions to the Propensity Rule: FRE 404 and 405
 
WED. MAY 27:
 
Entire Section on Character and Habit FRE 404, 405 and 406
 
THURS MAY 28:
 
Entire Section on Competency of Witnesses
Begin Form and Scope of Examination of Witnesses: FRE 611:
Text pages 360-61
Problem: Direct Examination : Accident: page 361

 

 THE EVIDENCE MIDTERM WILL BE ON THURSDAY JUNE 25TH FROM 2:40 TO 3:55 P.M.

TUES  JUNE  2:

 

Finish Form and Scope of Examination of Witnesses: FREV 611

Entire Section on Cross Examination and Witness Credibility: FREV 610 and 611

 

WED. JUNE  3:

 

Impeachment by Character Evidence:

Entire section on Character and Credibility:  FREV 608

Entire Section on Use of Prior Convictions: FREV 609

 

THURS. JUNE 4:

 

Entire Section on Rehabilitation of Credibility of Witnesses: FREV 608

TUESDAY JUNE 9:

Entire section on Rehabilitation of Credibility of Witnesses: FREV 608

Entire section on Using Extrinsic Evidence of Character to Impeach Credibility

 

Discuss Midterm Exam

 

WED. JUNE 10:

Part II of the Syllabus:

 

HEARSAY:

Text pages 405-408

Problems: Arsenic and Hors d’oeuvres through and including Assault on Massachusetts Avenue
 

THURSDAY JUNE 11:

Problems: Murder in the Ajax Building  through and including Captain Cook
 

TUESDAY JUNE 16:

Problems:

Black Crepe

Hot Pursuit

Ptomaine Poisoning

 

Please answer all the questions on the non-graded Hearsay Quiz (posted at top of this website under Part II of the syllabus)

We will discuss the answers in class on Tuesday.

 

WED. JUNE 17:

Entire section on Statements of a Party Opponent

 

THURS. JUNE 18:

Entire section on Statements of a Co-Conspirator

Prior Statements of a Witness: Page 452

Problem: The Stolen BMW

Problem: The Forgetful Witness


TUESDAY JUNE  23:

Entire section on Prior Statements of a Witness: FREV 802(d)(1)(A)(B) and (C)

 

 WED. JUNE 24:

Exceptions to the Hearsay Rule:

Text: pages 464-465

Prior Testimony: FREV 804(b)(1):

Problem: Speaking from the Grave

 

Statements Against Interest:

Entire Section on Statements against Interest

 

THURSDAY JUNE 25:

MIDTERM EVIDENCE EXAM

THERE WILL BE NO EVIDENCE CLASSES DURING THE WEEK OF JUNE  29! ENJOY YOUR HOLIDAY!

 

TUESDAY JULY 7:

ENTIRE SECTION ON DYING DECLARATIONS

 

WED. JULY 8:

PRESENT SENSE IMPRESSIONS

BEGIN WITH STAGE FRIGHT AND END WITH (INCLUDING)STRONG FEELING AND FUTURE PLANS)

 

THURSDAY JULY 9:

FINISH SECTION ON  PRESENT SENSE IMPRESSIONS...

ENTIRE SECTION ON TWO PROCESSES OF PROOF: REFRESHING RECOLLECTION…

TUESDAY JULY 14:

Recorded Recollection: Negligent Entrustment

Entire section on Business Records

 

WED. JULY 15:

Entire section on Public Records and Reports

Entire section on The Residuary Exception

 

THURS. JULY 16:

Entire section on  Hearsay and the Confrontation Clause

TUES JULY 21:

Sixth Amendment Right to Confrontation Problems

Syllabus Part III

Privileges: Text pages 601-608

Entire Section on Lawyer-Client Privilege

WED. JULY 22:

Entire Section on Lawyer-Client Privilege in Corporation Context

THURSDAY JULY 23:
Entire Section on Husband Wife Privilege

YOUR MIDTERM SCORES WILL BE AVAILABLE FOR PICK UP FROM FACULTY SUPPORT AFTER 4 P.M. ON THURSDAY JULY 30TH

I WILL POST THE HIGH, LOW AND MEDIAN SCORE ON THE WEBSITE AT THAT TIME AS WELL.  

TUESDAY JULY  28:
Entire section on Husband-Wife Privileges
Entire Section on Lay Opinions  

WED. JULY 29:
Entire section on Authentication 

THURS. JULY 30:
Entire section on Best Evidence Rule

EVIDENCE MIDTERM SCORES:

HIGH:   25

LOW: 12

MEDIAN:  19

OFFICE HOURS FOR WEEK OF AUGUST 3:

 TUESDAY AUGUST 4:

 2:00-5:00 P.M.

 WED. AUGUST 5:

 1:00-5:00 P.M.

 THURSDAY AUGUST 6:

 3:00-5:00 P.M.