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Evidence Law in the Trial Process

by Margaret T. Stopp

  • ISBN: 9780314129093
  • ISBN10: 031412909X

Evidence Law in the Trial Process

by Margaret T. Stopp

  • List Price: $139.95
  • Binding: Paperback
  • Edition: 01
  • Publisher: Cengage
  • Publish date: 10/01/1998
  • ISBN: 9780314129093
  • ISBN10: 031412909X
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Description: PREFACE: A Note to the Instructors. A Note to Students. Internet Learning Resources. Acknowledgements. CHAPTER 1 OVERVIEW OF THE LITIGATION PROCESS: Understanding the Modern Trial Process. Procedural Rules and Rules of Evidence. The Trial Process. Elements of Civil and Criminal Actions. Role of Paralegals and Investigators. Ethical Issues. Chapter Summary. Check Points. Applications. Exercises. CHAPTER 2 EVIDENCE RULES AT TRIAL: History of the Federal Rules of Evidence. Application of the Rules. Overview of a Trial. Types of Evidence. Relationship Between Trial and Appellate Processes. Chapter Summary. Check Points. Applications. Exercises. CHAPTER 3 ROLE OF THE JUDGE AND JURY AT TRIAL: Role of the Judge. Preliminary Questions Determined by the Judge. The Jury and Preiliminary Questions. Judicial Notice. Chapter Summary. Check Points. Applications. Exercises. CHAPTER 4 BURDENS OF PROOF AND PRESUMPTIONS AT TRIAL: Setting the Scene. Burden of Proof. Presumptions. Chapter Summary. Check Points. Applications. Exercises. CHAPTER 5 RELEVANT EVIDENCE: Relevant Evidence. Laying a Foundation. Chapter Summary. Check Points. Applications. Exercises. CHAPTER 6 LIMITS ON RELEVANT EVIDENCE: Introduction. Character Evidence. Similar Acts or Occurrences. Habit and Routine Practice. Subsequent Remedial Measures. Compromise of Claims. Payment of Medical and Similar Expenses. Pleas and Plea Discussions. Liability Insurance. Victim's Past Sexual Behavior. Similar Acts or Crimes involving Sexual Assault or Child Molestation. Chapter Summary. Check Points. Applications. Exercises. CHAPTER 7 AUTHENTICATION, ORIGINAL DOCUMENTS, AND EXHIBITS. Introduction. Authentication and Identification. Order of Proof and Coonditional Relevance. Original Document Rule. Exhibits. Chapter Summary. Check Points. Applications. Exercises. CHAPTER 8 WITNESSES: Role of Witnesses at Trial. Exclusion of Witnesses. Competence to Testify. The Judge and Witnesses. Impeachment. Refreshing the Memory of a Witness. Chapter Summary. Check Points. Applications. Exercises. CHAPTER 9 WITNESSES AND OPINION TESTIMONY: Opinion Testimony of Lay Witnesses. Opinion Testimony of Expert Witnesses. Court Appointed Experts. Chapter Summary. Check Points. Applications. Exercises. CHAPTER 10 THE HEARSAY RULE: Introduction. The Hearsay Rule. Witness and Declarant Not the Same Person. Statements Not Offered for Their Truth. Nonhearsay. Special Considerations. Chapter Summary. Check Points. Applications. Exercises. CHAPTER 11 EXCEPTIONS TO THE HEARSAY RULE: Introduction. Exceptions: Availability of Decarant Immaterial. Exceptions: Declarant Unavailable. Catch-All Provision. Chapter Summary. Check Points. Applications. Exercises. CHAPTER 12 PRIVILEGED COMMUNICATIONS. Priviledges and Federal Common Law. Privileged Communications. State Privileges. Claims Involving Privilege. Constitutional Privileges. Chapter Summary. Check Points. Applications. Exercises. GLOSSARY. APPENDIX: Federal Rules of Evidence. TABLE OF CASES. INDEX.
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