Federal Rules of Evidence Handbook

Paperback
from $0.00

Author: Clifford E. Elias

ISBN-10: 0890892105

ISBN-13: 9780890892107

Category: Court Rules

The Federal Rules of Evidence Handbook presents a unique approach to the study of evidence. Each section of the book begins with the statement of the rule itself. The rule is followed by an analysis, and illustrated with examples drawn from cases. The book is directed at law students and those studying for the bar examination, rather than the practicing lawyer, although some lawyers recently admitted to the bar will find it very useful.

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The Federal Rules of Evidence Handbook presents a unique approach to the study of evidence. Each section of the book begins with the statement of the rule itself. The rule is followed by an analysis, and illustrated with examples drawn from cases. The book is directed at law students and those studying for the bar examination, rather than the practicing lawyer, although some lawyers recently admitted to the bar will find it very useful.

PrefaceArticle IGeneral Provisions3Rule 101Scope3Rule 102Purpose and Construction3Rule 103Rulings on Evidence5Rule 104Preliminary Questions13Rule 105Limited Admissibility21Rule 106Remainder of Related Writings or Recorded Statements24Rule 107Supreme Court Standard 107 - Summing Up and Comment by Judge26Article IIJudicial Notice29Rule 201Judicial Notice of Adjudicative Facts29Article IIIPresumptions in Civil Actions and Proceedings37Rule 301Presumptions in General Civil Actions and Proceedings37Rule 302Applicability of State Law in Civil Actions and Proceedings42Article IVRelevancy and Its Limits45Rule 401Definition of "Relevant Evidence"45Rule 402Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible48Rule 403Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time50Rule 404Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes53Rule 405Methods of Proving Character61Rule 406Habit; Routine Practice66Rule 407Subsequent Remedial Measures70Rule 408Compromise and Offers to Compromise73Rule 409Payment of Medical and Similar Expenses77Rule 410Inadmissibility of Pleas, Plea Discussions, and Related Statements78Rule 411Liability Insurance81Rule 412Sex Offense Cases; Relevance of Alleged Victim's Past Sexual Behavior or Alleged Sexual Predisposition83Rule 413Evidence of Similar Crimes in Sexual Assault Cases91Rule 414Evidence of Similar Crimes in Child Molestation Cases94Rule 415Evidence of Similar Acts in Civil Cases Concerning Sexual Assault or Child Molestation96Act VPrivileges97Rule 501General Rule97Article VIWitnesses119Rule 601General Rule of Competency119Rule 602Lack of Personal Knowledge123Rule 603Oath or Affirmation130Rule 604Interpreters132Rule 605Competency of Judge as Witness135Rule 606Competency of Juror as Witness138Rule 607Who May Impeach142Rule 608Evidence of Character and Conduct of Witness146Rule 609Impeachment by Evidence of Conviction of Crime152Rule 610Religious Beliefs or Opinions157Rule 611Mode and Order of Interrogation and Presentation159Rule 612Writing Used to Refresh Memory163Rule 613Prior Statements of Witnesses166Rule 614Calling and Interrogation of Witnesses by Court169Rule 615Exclusion of Witnesses173Article VIIOpinions and Expert Testimony181Rule 701Opinion Testimony by Lay Witnesses181Rule 702Testimony by Experts184Rule 703Bases of Opinion Testimony by Experts189Rule 704Opinion on Ultimate Issue194Rule 705Disclosure of Facts or Data Underlying Expert Opinion198Rule 706Court-Appointed Experts200Article VIIIHearsay205Rule 801Definitions205Rule 802Hearsay Rule217Rule 803Hearsay Exceptions; Availability of Declarant Immaterial218Rule 804Hearsay Exceptions; Declarant Unavailable241Rule 805Hearsay Within Hearsay252Rule 806Attacking and Supporting Credibility of Declarant254Rule 807Residual Exception257Article IXAuthentication and Identification261Rule 901Requirement of Authentication or Identification261Rule 902Self-Authentication271Rule 903Subscribing Witness' Testimony Unnecessary275Article XContents of Writings, Recordings, and Photographs277Rule 1001Definitions277Rule 1002Requirement of Original279Rule 1003Admissibility of Duplicates281Rule 1004Admissibility of Other Evidence of Contents282Rule 1005Public Records286Rule 1006Summaries287Rule 1007Testimony or Written Admission of Party288Rule 1008Functions of Court or Jury289AppFederal Rules of Evidence293Article IGeneral Provisions293Article IIJudicial Notice295Article IIIPresumptions in Civil Actions and Proceedings296Article IVRelevancy and Its Limits297Article VPrivileges305Article VIWitnesses305Article VIIOpinions and Expert Testimony311Article VIIIHearsay313Article IXAuthentication and Identification322Article XContents of Writings, Recordings, and Photographs327Article XIMiscellaneous Rules329Index333