Evidence- Mueller- Fall 2005- Grade A

Evidence- Mueller- Fall 2005- Grade A - Evidence 8:30-9:20...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
Evidence 8:30-9:20 TRF, Room 104 Professor Mueller Evidence- How we present information to the trier of fact. Do not write in the Federal Rules of Evidence book as you can use it on the exam (but highlight ok, index tabs (recommends don't do it cause no words). Hornbooks? M&K, McCormick, Weinstein, Lilly (short), Park & Leonard. Treatises M&K. A. Why Rules of Evidence 1. Why Evidence Law At All? a) Mistrust of juries is the single overriding reason. i.e. hearsay doctrine adopted because we believe a lay jury will not evaluate it properly. b) Further accurate Fact-finding. i.e. authenticate writings against forgery, gun at crime scene. Content of writing usually requires original writing. c) Control Scope and duration of trials. Rule 403 permits the judge to exclude evidence that would be otherwise admissible, because it'd take more time than it is worth and might confuse a jury. Rule 611 gives the judge power to control the sequence of proof and the manner of examining witnesses. Shortness of life. d) favor or disfavor certain litigants or claims e) Substantive policies. Allocate burdens of persuasion, disfavor fraud, clear and convincing evidence in belief they affect outcome in some way. discrimination and employment is assumed if open, qualified, applied, in class, and went to someone not in class. These ARE MORE INTRINSIC f) Further substantive policy unrelated to litigation. privileged relationships. typically seeking to behavior or quality of life outside the courtroom. EXTRINSIC B. Making The Record 1. What is the record and how is it made? There is a live and remote audience in a courtroom. Live audiences are the courtroom and remote is the appellate court. The court reporter must prepare the record for the remote audience, better than tape cause reporter can speak up. - Official record is comprised of five things. 1) Pleadings, 2) Filed documents, 3) record of proceedings (including recorded chambers, or bench) 4) Exhibits, 5) Docket entries. court's own ledger of proceedings 2. What Not to do Echoing, overlapping voices, numbers, names, and big words confuse, exhibits should be referred to, nonverbal is never recorded, going off the record must remember to go back on, sidebar conferences are not recorded so beware. 3. What to do 1) ensure utterances important to his case are clear, 2) ensure utterances will have meaning in typewritten form. C. How Evidence is admitted or Excluded 1. Getting Evidence In: Foundation and Offer
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
a. Testimonial proof- direct examination Three things are done by a litigant on direct examination 1) Background information - put the witness at ease and give jury a person 2) Lays the Foundation - shows witness has personal knowledge of the matters, or experts have the special skill or training 3) Substantive questions that get at what the witness knows of pertinent facts. Caveat- Direct examination must proceed by non-leading questions (questions that tend to push the witness toward a particular response). Policy- invoke false memory, induce him to
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 02/12/2008 for the course LAW 6353 taught by Professor Mueller during the Fall '05 term at Colorado.

Page1 / 64

Evidence- Mueller- Fall 2005- Grade A - Evidence 8:30-9:20...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online