8:30-9:20 TRF, Room 104
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).
M&K, McCormick, Weinstein, Lilly (short), Park &
Why Rules of Evidence
1. Why Evidence Law At All?
Mistrust of juries is the single overriding reason.
i.e. hearsay doctrine adopted because
we believe a lay jury will not evaluate it properly.
Further accurate Fact-finding.
i.e. authenticate writings against forgery, gun at crime
Content of writing usually requires original writing.
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.
favor or disfavor certain litigants or claims
Allocate burdens of persuasion, disfavor fraud, clear and
convincing evidence in belief they affect outcome in some way.
employment is assumed if open, qualified, applied, in class, and went to someone not in
These ARE MORE INTRINSIC
Further substantive policy unrelated to litigation.
seeking to behavior or quality of life outside the courtroom.
Making The Record
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
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.
What to do
1) ensure utterances important to his case are clear, 2) ensure utterances will have
meaning in typewritten form.
How Evidence is admitted or Excluded
1. Getting Evidence In:
Foundation and Offer