Evidence

3 units

We will study the principles and rules that regulate the presentation of evidence at trial using the Federal Rules of Evidence, involving both lecture and problem solving. Topics covered include relevancy and its limits, various policy and efficiency-based limitations on the receipt of evidence, the rule against hearsay and the more important hearsay exceptions, rules governing the impeachment of witnesses, privilege and expert testimony. Class participation and consistent attendance are required. While not taught as a traditional law school class in that the class does not emphasize case analysis, participation includes both answering questions provided in lecture notes and group (law firm) exercises, which require out of class work. The group (law firm) exercises include a Practice Problem in most lectures which will require a few of the law firms to take assigned roles (Plaintiff, Defendant and Judge) to make an objection to evidence and present legal arguments about an issue raised from the class materials. There will be a mid-term practice exam made up of 20 multiple-choice questions from a prior final exam which will not count as part of a student's grade and instead is a self-evaluation of a student's understanding of the material studied up to that time. There will be an unscheduled, modified open book final exam which includes both an essay question with multiple prompts and 40 multiple choice questions. ABA Standard 310 requires "not less than one hour of classroom or direct faculty instruction and two hours of out-of-class student work per week or the equivalent amount of work over a different amount of time" for each credit hour awarded. This course is designed to meet this requirement, and each student is expected to spend on average no less than two hours of out-of-class time for each one-hour of in-class time, per credit hour. Throughout the course, we will also consider the professional responsibility issues that arise in litigation and the presentation of evidence.