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The Judge's Evidence Bench Book

Leo H. Whinery, Theodore P. Roberts, Robert B. Smith

Binder/Looseleaf

Last Updated: 5/23/2008

Availability: In Stock

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Description

This publication provides judges with a tool to make evidentiary rulings during conducting trials and hearings and also assists lawyers with evidentiary points. The book is based on the Federal Rules of Evidence and decisions law interpreting the Federal Rules. It contains the text of rules, official comments, analysis, illustrative examples, relevant case summaries, checklists, and cross references.

Features

Especially useful as single-source answer to most evidentiary questions
Contains text of FRE, official comments, analysis, illustrative examples, relevant case summaries, checklists, and cross references

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Table of Contents (PDF) »

Summary Of Contents

Article I. General Provisions
Rule
1. Scope
2. Purpose and Construction
3. Rulings on Evidence
4. Preliminary Questions
5. Limited Admissibility
6. Remainder of or Related Writings or Recorded Statements
Article II. Judicial Notice
1. Judicial Notice of Adjudicative Facts
Article III. Presumptions in Civil Actions and Proceedings [and Criminal Cases]
1. Presumptions in General in Civil Actions and Proceedings
2. Applicability of State Law in Civil Actions and Proceedings
3. Presumptions in Criminal Cases [Not Enacted]
Article IV. Relevancy and It's Limits
1. Definition of "Relevant Evidence"
2. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible
3. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time
4. Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes
5. Methods of Proving Character
6. Habit; Routine Practice
7. Subsequent Remedial Measures
8. Compromise and Offers to Compromise
9. Payment of Medical and Similar Expenses
10. Inadmissibility of Please, Pleas Discussions and Related Statements
11. Liability Insurance
12. Sex Offense Cases; Admissibility of Alleged Victim’s Past Sexual Behavior or Alleged Sexual Predisposition
13. Evidence of Similar Crimes in Sexual Assault Cases
14. Evidence of Similar Crimes in Child Molestation Cases
15. Evidence of Similar Acts in Civil Cases Concerning Sexual Assault or Child Molestation
Article V. Privileges
1. General Rule
2. Required Reports Privileged by Statute [Not Enacted]
3. Lawyer–Client Privilege [Not Enacted]
4. Psychotherapist–Patient Privilege [Not Enacted]
5. Husband–Wife Privilege [Not Enacted]
6. Communications to Clergymen [Not Enacted]
7. Political Vote [Not Enacted]
8. Trade Secrets [Not Enacted]
9. Secrets of State and Other Official Information [Not Enacted]
10. Identity of Informer [Not Enacted]
11. Waiver of Privilege by Voluntary Disclosure [Not Enacted]
12. Privileged Matter Disclosed Under Compulsion or Without Opportunity to Claim Privilege [Not Enacted]
13. Comment Upon or Inference From Claim of Privilege; Instruction [Not Enacted]
Article VI. Witnesses
1. General Rule of Competency
2. Lack of Personal Knowledge
3. Oath or Affirmation
4. Interpreters
5. Competency of Judge as Witness
6. Competency of Juror as Witness
7. Who May Impeach
8. Evidence of Character and Conduct of Witness
9. Impeachment by Evidence of Conviction of Crime
10. Religious Beliefs or Opinions
11. Mode and Order of Interrogation and Presentation
12. Writing Used to Refresh Memory
13. Prior Statements of Witnesses
14. Calling and Interrogation of Witnesses by Court
15. Exclusion of Witnesses
Article VII. Opinions and Expert Testimony
1. Opinion Testimony by Lay Witnesses
2. Testimony by Experts
3. Bases of Opinion Testimony by Experts
4. Opinion on Ultimate Issue
5. Disclosure of Facts or Data Underlying Expert Opinion
6. Court Appointed Experts
Article VIII. Hearsay
1. Definitions
2. Hearsay Rule
3. Hearsay Exceptions; Availability of Declarant Immaterial
  1. Present Sense Impression
  2. Excited Utterance
  3. Then Existing Mental, Emotional, or Physical Condition
  4. Statements for Purposes of Medical Diagnosis or Treatment
  5. Recorded Recollection
  6. Records of Regularly Conducted Activity
  7. Absence of Entry in Records Kept in Accordance with the Provisions of Paragraph
  8. Public Records and Reports
  9. Records of Vital Statistics
  10. Absence of Public Record or Entry
  11. Records of Religious Organizations
  12. Marriage, Baptismal, and Similar Certificates
  13. Family Records
  14. Records of Documents Affecting an Interest in Property
  15. Statements in Documents Affecting an Interest in Property
  16. Statements in Ancient Documents
  17. Market Reports, Commercial Publications
  18. Learned Treatises
  19. Reputation Concerning Personal or Family History
  20. Reputation Concerning Boundaries or General History
  21. Reputation as to Character
  22. Judgment of Previous Conviction
  23. Judgment as to Personal, Family, or General History, or Boundaries
4. Hearsay Exceptions; Declarant Unavailable
  1. Definition of Unavailability
  2. (1). Former Testimony
  3. (2). Statement Under Belief of Impending Death
  4. (3). Statement Against Interest
  5. (4). Statement of Personal or Family History
  6. (6). Forfeiture by Wrongdoing
5. Hearsay within Hearsay
6. Attacking and Supporting Credibility of Declarant
7. Residual Exception
Article IX. Authentication and Identification
1. Requirement of Authentication or Identification
  1. General Provision
  2. (1). Testimony of Witness with Knowledge
  3. (2). Nonexpert Opinion on Handwriting
  4. (3). Comparison by Trier or Expert Witness
  5. (4). Distinctive Characteristics and the Like
  6. (5). Voice Identification
  7. (6). Telephone Conversations
  8. (7). Public Records or Reports
  9. (8). Ancient Documents or Data Compilation
  10. (9). Process or System
  11. (10). Methods Provided by Statute or Rule
2. Self–Authentication
  1. Domestic Public Documents Under Seal
  2. Domestic Public Documents Not Under Seal
  3. Foreign Public Documents
  4. Certified Copies of Public Records
  5. Official Publications
  6. Newspapers and Periodicals
  7. Trade Inscriptions and the Like
  8. Acknowledged Documents
  9. Commercial Paper and Related Documents
  10. Presumptions Under Acts of Congress
  11. Certified Domestic Records of Regularly Conducted Activity
  12. Certified Foreign Records of Regularly Conducted Activity
3. Subscribing Witness’ Testimony Unnecessary
Article X. Contents of Writings, Recordings, and Photographs
1. Definitions
  1. Writings and Recordings
  2. Photographs
  3. Original
  4. Duplicate
2. Requirement of Original
3. Admissibility of Duplicates
4. Admissibility of Other Evidence of Contents
  1. Originals Lost or Destroyed
  2. Original Not Obtainable
  3. Original in Possession of Opponent
  4. Collateral Matters
5. Public Records
6. Summaries
7. Testimony or Written Admission of Party
8. Functions of Court and Jury
Article XI. Miscellaneous Rules
1. Applicability of Rules
2. Amendments
3. Title

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