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
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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
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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)
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:
2:00-5:00 P.M.
1:00-5:00 P.M.
3:00-5:00 P.M.