Search Results for "the-hearsay-rule"

The Hearsay Rule

The Hearsay Rule

  • Author: G. Michael Fenner
  • Publisher: N.A
  • ISBN: 9781611634556
  • Category: Law
  • Page: 447
  • View: 1623
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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.

The Hearsay Rule

The Hearsay Rule

  • Author: G. Michael Fenner
  • Publisher: N.A
  • ISBN: 9781594606977
  • Category: Law
  • Page: 551
  • View: 5039
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The hearsay rule is the most difficult part of every Evidence course and, for many, the most difficult rule of evidence to understand and apply in the practice of law. Fenner offers basic instruction on hearsay, his Top Ten ways of looking at hearsay, flow charts, and chapters on the generally known exceptions in the hearsay rule. Different from other works, The Hearsay Rule includes “secret” ways around the bar of the hearsay rule: using opinion evidence, the rule of completeness, and judicial notice, for example. It also includes a chapter on using hearsay to admit evidence from a witness who is incompetent to testify, one on the Confrontation Clause, and much more. The Hearsay Rule includes commentary that simplifies various ways the rules can be used to advance the student's or the advocate's goals and reveals many hearsay “secrets” not commonly addressed in other works.

The Hearsay Rule

The Hearsay Rule

  • Author: G. Michael Fenner
  • Publisher: N.A
  • ISBN: N.A
  • Category: Law
  • Page: 550
  • View: 5454
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Canadian Criminal Evidence

Canadian Criminal Evidence

  • Author: McWilliams
  • Publisher: Canada Law Book
  • ISBN: 9780888044426
  • Category:
  • Page: N.A
  • View: 8034
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Hearsay Evidence in Criminal Proceedings

Hearsay Evidence in Criminal Proceedings

  • Author: J. R. Spencer
  • Publisher: Hart Pub Limited
  • ISBN: 9781849464635
  • Category: Law
  • Page: 469
  • View: 9104
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The UK's Criminal Justice Act 2003 re-wrote the hearsay evidence rule for the purpose of criminal proceedings in the UK, enacting the recommendations of the Law Commission together with some proposals from the Auld Review. In 2008, Professor J.R. Spencer wrote a book explaining the new law, intended for practitioners, as well as academics. Following the style of an earlier book by Spencer about the new law on bad character evidence, the core of the 'hearsay' book was a section-by-section commentary on the relevant provisions of the Act, discussing the case law that had interpreted them. Since the appearance of the first edition, the new law on hearsay evidence has been the subject of a spectacular exchange between the UK's Supreme Court and the European Court of Human Rights; the effects of which the Court of Appeal has interpreted in a several leading cases. In this second edition, the commentary is revised to take account of these developments. As with the first edition, the commentary is preceded by chapters on the history of the hearsay rule and the requirements of Article 6(3)(d) of the European Convention on Human Rights. It is followed by an appendix containing the text of the statutory provisions and a selection of the leading cases. The book will be a useful tool for barristers and solicitors appearing in criminal trials and appeals, as well as for practitioners interested in evidence. (Series: Criminal Law Library)

A Student's Guide to Hearsay

A Student's Guide to Hearsay

  • Author: Clifford S. Fishman
  • Publisher: LexisNexis
  • ISBN: 0327174331
  • Category: Law
  • Page: 328
  • View: 2517
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The overarching objective of A Student's Guide to Hearsay is to help students sort out the complexities of the hearsay rule, its exceptions, and the Sixth Amendment Confrontation Clause. For each exception, this book: • Outlines the policies underlying the exception; • Lists and explains the requirements that must be satisfied for evidence to be admitted under the exception; • Explains additional issues that have arisen or are likely to arise; • Explains how the rule interacts with other rules ; • Discusses tactical and procedural considerations that must be understood to appreciate how the rule plays in court; and • Provides review questions and answers that allow students to test their understanding and applications of the rules. The book also includes humorous references addressing the hearsay significance of a ham sandwich, Humpty Dumpty, the Greek god of wine, Tim McGraw, dog saliva, Derek Jeter, a squeaky boot, Leonardo DiCaprio, the French Army, the speed of sound, Commander Data, and the Chicago Cubs. The 4th edition is based on the text of the restyled Federal Rules of Evidence that will become effective December 1, 2011. It includes a detailed discussion of every Supreme Court Confrontation Clause decision from Crawford to Bryant, and also discusses the Bullcoming case which the Court will probably decide sometime this year. It includes a link to the author's web page on which updates to the Guide will be posted.

New York Evidence Handbook

New York Evidence Handbook

Rules, Theory, and Practice

  • Author: Michael M. Martin,Daniel J. Capra,Faust F. Rossi
  • Publisher: Aspen Publishers Online
  • ISBN: 9780735529816
  • Category: Law
  • Page: 1102
  • View: 2997
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If you litigate or preside in any court in the state of New York, you know just how confounding the state's evidence law can be. New York Evidence Handbook is the new, comprehensive guide to all of the rules and principles of evidence applicable in New York courts. This new 1,000 page handbook presents a practical, contemporary approach to evidence -- written with the real-world challenges of the New York trial lawyer and judge in mind. It gathers into one, easy-to-use handbook all of the rules, the leading decisions, and the significant statutes you need to consider when assessing the admissibility of evidence. The book walks you through all the rules and their operation (as they relate to judicial notice, presumptions, relevance, the 'best evidence' rule, etc.) discussing all of the leading authorities, and citing numerous trial examples. Throughout New York Evidence Handbook, special attention is paid to helping you quickly solve commonly encountered, but difficult, evidence questions. Without requiring you to pore through older cases of little precedential value, you'll find the latest rules, cases and analysis on: Expert evidence - Including DNA profiling, expert opinions based on facts not in evidence Hearsay - Confrontation Clause problems, prior statements of witnesses, admissions by employees, hearsay included in business records Privileges - Attorney client-privilege in the corporate setting, inadvertent or selective waivers, privileges for health care professionals Witnesses - Impeachment by prior convictions and bad acts, evidence from hypnotized witnesses, prior inconsistent and consistent statements Relevancy - Chain of custody for physical evidence, gory photographs, character and uncharged crimes, stipulations.

Evidence

Evidence

  • Author: Casenotes
  • Publisher: Aspen Publishers Online
  • ISBN: 0735563306
  • Category: Law
  • Page: 192
  • View: 829
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After your casebook, Casenote Legal Briefs will be your most important reference source for the entire semester. It is the most popular legal briefs series available, with over 140 titles, and is relied on by thousands of students for its expert case summaries, comprehensive analysis of concurrences and dissents, as well as of the majority opinion in the briefs. Casenote Legal Briefs Features: ;Keyed to specific casebooks by title/author Most current briefs available Redesigned for greater student accessibility Sample brief with element descriptions called out Redesigned chapter opener provides rule of law and page number for each brief Quick Course Outline chart included with major titles Revised glossary in dictionary format

Evidence

Evidence

Examples & Explanations

  • Author: Arthur Best
  • Publisher: Aspen Publishers Online
  • ISBN: 0735584796
  • Category: Law
  • Page: 301
  • View: 8451
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The #1 study guide for Evidence is now in its Seventh Edition. Examples & Explanations: Evidence is the go-to resource for any student struggling to understand the concepts and rules of evidence as described in their casebook. the Examples & Explanations pedagogy encourages students to read the text carefully, apply what they have learned, and test their understanding of the material. A leader in its field, Examples & Explanations: Evidence features: 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 generous use of visual aids--tables and charts--that illustrate key concepts Still fewer than 350 pages, the Seventh Edition includes: discussion of Giles v. California, concerning Hearsay and the Confrontation Clause analysis of newly-adopted Rule 502, regarding inadvertent waiver of the attorney-client privilege, with a plain-language explanation in the Appendix a flow chart that illustrates the proper sequence of analysis for relevance and hearsay exclusions & exceptions as applied to an out-of-court statement a new chart that illustrates character evidence with regard to the propensity inference Examples & Explanations: Evidence, Seventh Edition, is a current and time-proven resource that you can recommend to your students with confidence.

Law for the Expert Witness

Law for the Expert Witness

  • Author: Daniel A. Bronstein
  • Publisher: CRC Press
  • ISBN: 9781420046748
  • Category: Law
  • Page: 230
  • View: 5281
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Extensively updated and expanded to incorporate legislative and practical changes enacted since the publication of the previous edition, this third edition of Law for the Expert Witness comprehensively covers the current processes and techniques of legal procedure. Beginning with procedural issues that an expert witness would encounter in advance of the trial itself, the chapters cover legal paperwork, disclosure, depositions, discovery, and the penalties incurred due to any failure to comply with these rules. New material regarding amendments to the Federal Rules of Civil Procedure is included as they concern required disclosure early in the litigation process and the disclosure of electronic information. The second section addresses evidentiary issues. Photographs and diagrams illustrate the modern physical arrangement of a courtroom and the use of exhibits and demonstration. Updated case studies and examples of relevant court decisions demonstrate newly settled issues regarding who is an expert and when one can testify. The third section presents tips and hints from the authors own extensive experience as a trial lawyer. Suggestions regarding organization of narrative direct testimony and withstanding cross examination are beneficial for all but the most experienced professional witness. Appendices reflect recent amendments to the Federal Rules of Civil Procedure and the Federal Rules of Evidence, both instruments largely applicable in most states. Presenting authoritative information available from no other source, as well as analysis and application of the latest federal rules of procedure, Law for the Expert Witness provides a crucial tool for the confidence and preparation of those who might one day find themselves testifying in court.

Australian Principles of Evidence

Australian Principles of Evidence

  • Author: Gans,Andrew Palmer
  • Publisher: Cavendish Publishing
  • ISBN: 1843142023
  • Category: Law
  • Page: 560
  • View: 1086
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This book sets out the rules of evidence, as they apply in Australian courts, in a manner designed to be highly accessible and readily comprehensible. Equal treatment is given to both the uniform evidence legislation - now applicable in Federal Courts and in the courts of the Australian Capital Territory, New South Wales and Tasmania - and the common law that applies in the remaining Australian jurisdictions. This edition has been completely rewritten to take account of major case law and statutory developments since the first edition. It details the key divergences and convergences in the law of evidence across Australia and addresses a number of significant international comparisons. Examples are used throughout the text to illustrate the practical application of the law, while diagrams graphically summarise complex legal issues.

The Law of Evidence in Canada

The Law of Evidence in Canada

  • Author: Alan W. Bryant,John Sopinka,Sidney N. Lederman,Michelle K. Fuerst
  • Publisher: N.A
  • ISBN: 9780433456780
  • Category: Evidence (Law)
  • Page: 1413
  • View: 2782
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Introducing the new edition of Canada's leading work on evidence. Stay up-to-date on evidentiary issues with Sopinka, Lederman & Bryant - The Law of Evidence in Canada, 3rd Edition. Cited as authoritative by appellate courts throughout Canada, it is the only major Canadian treatise with in-depth coverage of both civil and criminal evidence. This new edition includes all significant changes to the law of evidence over the past decade.

Trial Hearsay

Trial Hearsay

Objections & Exceptions

  • Author: Mark A. Dombroff
  • Publisher: N.A
  • ISBN: N.A
  • Category: Evidence, Hearsay
  • Page: 192
  • View: 9901
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Criminal Evidence: Principles and Cases

Criminal Evidence: Principles and Cases

  • Author: Thomas J. Gardner,Terry M. Anderson
  • Publisher: Cengage Learning
  • ISBN: 130568771X
  • Category: Social Science
  • Page: 560
  • View: 3902
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CRIMINAL EVIDENCE: PRINCIPLES AND CASES, 9th Edition, delivers the key rules of evidence in criminal matters as well as their interpretations and applications, and is especially useful for students planning a career in law enforcement or law. Comprehensive without being encyclopedic or overwhelming, the text gives students the rationale behind the rules and demonstrates how law enforcement officers apply them on the job. Authors Gardner and Anderson include many of the features that popularized their best-selling CRIMINAL LAW, such as high-interest examples, key concepts boxes, and case excerpts that engage students and make the topics more relevant. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Demise

Demise

The Restraining Order, the Hearsay Rule and the 2nd Amendment

  • Author: Christy Anonymous
  • Publisher: Createspace Independent Publishing Platform
  • ISBN: 9781727392494
  • Category:
  • Page: 28
  • View: 6770
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The 2nd Amendment, the temporary restraining order, and the Hearsay Rule. A true story that sheds light on why court reform is needed in order to have a reasonable debate about gun control.