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: 9613
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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.

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: 2715
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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.

Hearsay Evidence in Criminal Proceedings

Hearsay Evidence in Criminal Proceedings

  • Author: J R Spencer
  • Publisher: Bloomsbury Publishing
  • ISBN: 1782252940
  • Category: Law
  • Page: 506
  • View: 7646
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The Criminal Justice Act 2003 re-wrote the hearsay evidence rule for the purpose of criminal proceedings, enacting the recommendations of the Law Commission together with some proposals from the Auld Review. In 2008, Professor Spencer wrote a book explaining the new law, intended for practitioners as well as academics. Following the style of his earlier book 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 Supreme Court and the European Court of Human Rights, the effects of which the Court of Appeal has interpreted in several leading cases. In this new edition, the commentary is revised to take account of these developments. As in 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.

Child Witnesses

Child Witnesses

Fragile Voices in the American Legal System

  • Author: Lucy S. McGough
  • Publisher: Yale University Press
  • ISBN: 9780300068573
  • Category: Law
  • Page: 352
  • View: 1269
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This work carefully assesses research on the cognitive capabilities of children in court as well as the emotional, social and moral influences that may affect a child's reliability. It recommends reforms in American legal proceses to protect child witnesses and ensure accurate testimony.

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: 7355
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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.

A Treatise on the System of Evidence in Trials at Common Law

A Treatise on the System of Evidence in Trials at Common Law

Including the Statutes and Judicial Decisions of All Jurisdictions of the United States

  • Author: John Henry Wigmore
  • Publisher: N.A
  • ISBN: N.A
  • Category: Evidence (Law)
  • Page: N.A
  • View: 9988
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Law for the Expert Witness

Law for the Expert Witness

  • Author: Daniel A. Bronstein
  • Publisher: CRC Press
  • ISBN: 9781420046748
  • Category: Law
  • Page: 230
  • View: 5525
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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.

Evidence

Evidence

  • Author: Casenotes
  • Publisher: Aspen Publishers Online
  • ISBN: 0735563306
  • Category: Law
  • Page: 192
  • View: 5583
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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

Hearsay Handbook

Hearsay Handbook

  • Author: David F. Binder
  • Publisher: McGraw-Hill
  • ISBN: N.A
  • Category: Law
  • Page: 521
  • View: 348
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Criminal Evidence: Principles and Cases

Criminal Evidence: Principles and Cases

  • Author: Thomas Gardner,Terry Anderson
  • Publisher: Cengage Learning
  • ISBN: 1111838038
  • Category: Social Science
  • Page: 560
  • View: 1091
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CRIMINAL EVIDENCE: PRINCIPLES AND CASES, 8th Edition, delivers the key rules of evidence in criminal matters as well 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. This text includes many of the features that popularized Gardner and Anderson’s 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.

Federal Rules of Evidence: Rules, Legislative History, Commentary and Authority

Federal Rules of Evidence: Rules, Legislative History, Commentary and Authority

  • Author: Glen Weissenberger,James J. Duane
  • Publisher: LexisNexis
  • ISBN: 0327176229
  • Category: Law
  • Page: 1268
  • View: 3669
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This one-volume treatise provides clear and concise explanations for the application and practical effect of each Rule of Evidence--a valuable resource for any Evidence student. This treatise was recently cited as "the authoritative text" on federal evidence law (United States v. Schlesinger, 372 F. Supp. 2d 711, 720 (E.D.N.Y. 2005)). Annually supplemented and complete, this edition contains a careful examination of the most recent changes in the Federal Rules. This edition includes a detailed line-by-line summary and analysis of the newest Federal Rule of Evidence, Rule 502, which sets forth certain important new limitations on the waiver of the attorney-client privilege and work product protection. It also discusses the Supreme Court's latest decision in Kansas v. Ventris (2009), concerning the extent to which a witness may be impeached with prior inconsistent statements that were obtained in violation of witness's constitutional rights. And of course it includes an extensive discussion of four landmark Supreme Court decisions, Crawford v. Washington (2004), Davis v. Washington (2006), Whorton v. Bockting(2007), and Giles v. California (2008), which have completely rewritten the law governing the right of a criminal defendant to rely on the Confrontation Clause to obtain the exclusion of otherwise admissible hearsay.

Federal and California Evidence Rules

Federal and California Evidence Rules

  • Author: David W. Miller
  • Publisher: Wolters Kluwer Law & Business
  • ISBN: 1454882182
  • Category: Law
  • Page: 608
  • View: 5244
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Federal and California Evidence Rules

Australian Principles of Evidence

Australian Principles of Evidence

  • Author: Gans,Andrew Palmer
  • Publisher: Cavendish Publishing
  • ISBN: 1843142023
  • Category: Law
  • Page: 560
  • View: 7419
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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.

Select Cases on the Law of Evidence

Select Cases on the Law of Evidence

  • Author: John Henry Wigmore
  • Publisher: N.A
  • ISBN: N.A
  • Category: Evidence
  • Page: 1383
  • View: 9250
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North Carolina Reports

North Carolina Reports

Cases Argued and Determined in the Supreme Court of North Carolina

  • Author: N.A
  • Publisher: N.A
  • ISBN: N.A
  • Category: Law reports, digests, etc
  • Page: N.A
  • View: 6219
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