This preview shows page 1. Sign up to view the full content.
Unformatted text preview: Evidence Outline: Summer 2006
General History behind the Rules of Evidence: ` Early Codifications: Prior to the mid-1970's pretty much all evidentiary rules were judge made; they were a product of the common law. Early effort to codify the rules of evidence, the ALI's 1942 Model Code of Evidence, was not adopted anywhere. Similarly, the Uniform Rules of Evidence, drafted by the Commissioners on Uniform State Laws and published in 1954, were influential but adopted in only a few jurisdictions. Present Codes: United States Supreme Court developed rules of evidence for use in the federal courts Federal Rules of Evidence The rules were substantially revised and then adopted by Congress, effective July 1, 1975 o Normally when US court promulgates rules of procedure under the REA they have to send them to Congress and then if Congress doesn't intervene within 6 months, they are made into law. (So long as the rules do not abridge, enlarge, or modify any substantive right of any litigant) o Congress rarely uses the power, but in the case of evidence, Congress exercised its authority to forestall the rules promulgated by the Court. o...
View Full Document