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This guide is a quick reference to various ways in which the courts have translated the text of the Federal Rules of Evidence. It is useful for students enrolled in trial practice courses and clinics and is also helpful as an adjunct reference for students taking basic and advanced evidence courses. The 2021 edition includes dozens of recent civil and criminal cases from all of the federal circuits and includes the recent amendments to the Federal Rules of Evidence with respect to the Residual Exception to the Hearsay Rule and Rule 404(b), Crimes, Wrongs or Other Acts.
"Relevance is the basic concept of evidence law. Professor Fishman, who taught evidence for 41 years at Catholic University of America Law School, covers the entire subject-including conditional relevance, inferences, direct and circumstantial evidence and order of proof-in all its applications, particularly character, "other acts" evidence, and habit. The book then covers every aspect of impeaching and rehabilitating a witness's testimony: perception; memory; narration; prior consistent or inconsistent statements; and potential bias or motive to lie. In other words, this book covers Rules 104-106, 401-415, 607-613, and 801(d)(1) of the Federal Rules of Evidence. When an offer of evidence implicates several of these rules, Professor Fishman explains how to identify the rules (and sub-rules and "unwritten rules") that need to be considered and those which need not be; the procedural and tactical trial context in which these issues arise; and how to figure out what your professor is looking for in class and on exams. Each chapter contains numerous essay and multiple-choice questions and answers applying the rules. In addition, he reveals the evidentiary "relevance" of: (a) animals large and small (a defensive end for the Dallas Cowboys; shar-pei dogs); (b) cultural icons (Shakespeare, Lin-Manuel Miranda, Blake Shelton, Linus van Pelt); (c) major historical figures (Eleanor Roosevelt, Confucius, Oliver Wendell Holmes, Howie Kendrick); and (d) dog poop. We predict this will be the most enjoyable law book you will ever use-except, maybe, Professor Fishman's A Student's Guide to Hearsay"--
This guide is a quick reference to the various ways in which the courts have translated the text of the Federal Rules of Evidence. It is useful for students enrolled in trial practice courses and clinics and is also helpful as an adjunct reference for students taking basic and advanced evidence courses.
Written from an advocate's perspective, this guide introduces how the courtroom operates and offers a glimpse into the environment that influences these rulings. Major cases and doctrines are discussed. Examples are given to develop a feel for the context in which a particular evidence problem might arise-and for the language lawyers and judges use to resolve it. Also explores the rationale and purpose behind each rule.
"Relevance is the basic concept of evidence law. Professor Fishman, who taught evidence for 41 years at Catholic University of America Law School, covers the entire subject-including conditional relevance, inferences, direct and circumstantial evidence and order of proof-in all its applications, particularly character, "other acts" evidence, and habit. The book then covers every aspect of impeaching and rehabilitating a witness's testimony: perception; memory; narration; prior consistent or inconsistent statements; and potential bias or motive to lie. In other words, this book covers Rules 104-106, 401-415, 607-613, and 801(d)(1) of the Federal Rules of Evidence. When an offer of evidence implicates several of these rules, Professor Fishman explains how to identify the rules (and sub-rules and "unwritten rules") that need to be considered and those which need not be; the procedural and tactical trial context in which these issues arise; and how to figure out what your professor is looking for in class and on exams. Each chapter contains numerous essay and multiple-choice questions and answers applying the rules. In addition, he reveals the evidentiary "relevance" of: (a) animals large and small (a defensive end for the Dallas Cowboys; shar-pei dogs); (b) cultural icons (Shakespeare, Lin-Manuel Miranda, Blake Shelton, Linus van Pelt); (c) major historical figures (Eleanor Roosevelt, Confucius, Oliver Wendell Holmes, Howie Kendrick); and (d) dog poop. We predict this will be the most enjoyable law book you will ever use-except, maybe, Professor Fishman's A Student's Guide to Hearsay"--
This guide is a quick reference to various ways in which the courts have translated the text of the Federal Rules of Evidence. It is useful for students enrolled in trial practice courses and clinics and is also helpful as an adjunct reference for students taking basic and advanced evidence courses. The 2018 edition includes dozens of recent civil and criminal cases from all of the federal circuits and includes the recent amendments to the Federal Rules of Evidence with respect to Ancient Documents and Self-Authenticating Evidence effective December 1, 2017.
The Criminal Justice Act 2003 re-wrote the hearsay evidence rule for the purpose of criminal proceedings, enacting the recommendations of the Law Commission together with some proposals from the Auld Review. In 2008, Professor Spencer wrote a book explaining the new law, intended for practitioners as well as academics. Following the style of his earlier book about the new law on bad character evidence, the core of the hearsay book was a section-by-section commentary on the relevant provisions of the Act, discussing the case law that had interpreted them. Since the appearance of the first edition, the new law on hearsay evidence has been the subject of a spectacular exchange between the UK Supreme Court and the European Court of Human Rights, the effects of which the Court of Appeal has interpreted in several leading cases. In this new edition, the commentary is revised to take account of these developments. As in the first edition, the commentary is preceded by chapters on the history of the hearsay rule, and the requirements of Article 6(3)(d) of the European Convention on Human Rights. It is followed by an appendix containing the text of the statutory provisions and a selection of the leading cases.
"Professor G. Michael Fenner's book provides a clear, easy-to-follow discussion of the hearsay rule. This text should be used in every law school evidence classroom." -TRIAL Magazine, December 2003 Hearsay is the most difficult part of an Evidence course and, for many, the most difficult rule of evidence to understand and apply in the practice of law. This treatise on hearsay will be invaluable for students, practitioners, and judges -- anyone involved with the law of evidence. Chapter 1 explains the basic concept using both time-tested and brand-new ways of seeing and understanding the subject. Other chapters take a foundational approach to the exclusions and exceptions. One of these chapters includes important new ways to use the residual exception. Yet other chapters take a foundational approach to hearsay exceptions found outside of the rules of evidence, such as exceptions in the Federal Rules of Civil and Criminal Procedure. Fenner offers chapters on multiple levels of hearsay, on evidence that is inadmissible hearsay to one issue and admissible hearsay to another, on the interrelation between the hearsay rule and the competence of witnesses (including ways in which a lawyer with an incompetent witness might be able to use hearsay to get that witness's evidence before the trier of fact), and much more. The Hearsay Rule includes discussions of, and commentary on, ways in which the rules can be used to advance the student's or the advocate's goals and on the many ways various rules interrelate -- topics not commonly addressed in other works. No other treatise gives the student and the lawyer this kind of help with hearsay. "This treatise on hearsay will be invaluable for students, practitioners, judges, or anyone involved with the law of evidence." -McGill, Gotsdiner, Workman & Lepp, P.C., L.L.O. "In my experience, it is rare for a law school text to be equally valuable to practitioners and judges. The Hearsay Rule is one of these rare books. Used as a text at a number of law schools, it is organized to provide both a ready reference and an in-depth treatment of the hearsay rule." -Barbara Fritschel, Law Library Journal"Professor G. Michael Fenner's book provides a clear, easy-to-follow discussion of the hearsay rule. This text should be used in every law school evidence classroom. . . . The uniformity of his analysis helps the reader develop a construct to evaluate hearsay. . . This book would be a great addition to a new lawyer's collection, and it should be used widely in law schools since it so clearly sets forth the hearsay rule in its various permutations. More experienced lawyers who believe they know it when they se it would benefit from this helpfull refresher." --Trial (December 2003)