McCormick on Evidence, 6th (Practitioner Treatise Series)

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Last Updated: 12/10/2009

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Description

McCormick on Evidence, 5th, is an analysis of the rules and theory of the law of evidence. It covers not only the Federal Rules of Evidence, but also state law in jurisdictions not following Federal Rules. Describes accepted practice and theory, identifies current issues, and reviews leading case law.

When there are specific questions of evidence for which a jurisdiction has no precedent, the book provides both general theories that may be argued to suggest the answer and varying views from other jurisdictions.

Features

Covers evidentiary problems of authentication caused by rapid developments in modern technology
Reviews questions of client privilege in lawyer-client communication
Thorough examination of the Hearsay Rule
Discusses admissibility of experimental and scientific evidence in the wake of both the Daubert and Kumho Tire decisions

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Table of Contents (PDF) »

Index (PDF) »

Summary Of Contents

Summary of Contents (PDF) »

Preface
Westlaw Overview
Volume 1
- Title 1. Introduction
  Chapter
  1. Preparing and Presenting the Evidence
- Title 2. Examination of Witnesses
  1. The Form of Questions on Direct: The Judge's Witnesses: Refreshing Memory
  2. The Requirement of Firsthand Knowledge: The Opinion Rule: Expert Testimony
  3. Cross-Examination and Subsequent Examinations
  4. Impeachment and Support
- Title 3. Admission and Exclusion
  1. The Procedure of Admitting and Excluding Evidence
- Title 4. Competency
  1. The Competency of Witnesses
- Title 5. Privilege: Common Law and Statutory
  1. The Scope and Effect of the Evidentiary Privileges
  2. The Privilege for Marital Communications
  3. The Client's Privilege: Communications Between Client & Lawyer
  4. The Privilege For Confidential Information Secured in the Course of the Physician-Patient Relationship
  5. Privileges for Governmental Secrets
- Title 6. Privilege: Constitutional
  1. The Privilege Against Self-Incrimination
  2. Confessions
  3. The Privilege Concerning Improperly Obtained Evidence
- Title 7. Relevancy and it's Counterweights
  1. Relevance
  2. Character and Habit
  3. Similar Happenings and Transactions
  4. Insurance Against Liability
  5. Experimental and Scientific Evidence
Volume 2
- Title 8. Real Evidence, Other Nontestimonial Evidence, and Demonstrative Aids
  1. Real Evidence, Other Nontestimonial Evidence, and Demonstrative Aids
- Title 9. Writings
  1. Authentication
  2. The Requirement of the Production of The Original Writing as The "Best Evidence"
- Title 10. The Hearsay Rule and it's Exceptions
  1. The Hearsay Rule
  2. Admissions of a Party-Opponent
  3. Spontaneous Statements
  4. Statements for the Purpose of Medical Diagnosis or Treatment
  5. Records of Past Recollection
  6. Regularly Kept Records
  7. Public Records, Reports, and Certificates
  8. Testimony Taken at a Former Hearing or in Another Action
  9. Dying Declarations
  10. Declarations Against Interest
  11. Various Other Exceptions and the Future of the Rules About Hearsay
- Title 11. Judicial Notice
  1. Judicial Notice
- Title 12. Burden of Proof and Presumptions
  1. The Burdens of Proof and Presumptions
- Appendices
  1. Federal Rules of Evidence for United States Courts
  2. Researching the Law of Evidence
- Table of Cases
- Table of Statutes and Rules
- Index