Evidentiary Foundations

Author: Liz Heffernan
Publisher: Bloomsbury Professional
ISBN: 1845927877
Release Date: 2008
Genre: Law

Based on Professor Edward Imwinkelried's authoritative American text, but amended for the Irish market by Dr Liz Heffernan and Ray Ryan, Evidentiary Foundations is a unique text which analyses the law of evidence as it is applied in the courts. Evidentiary Foundations provides brief, succinct explanations of the fundamental rules of evidence and practical guidance as to their application in court. It outlines a step-by-step approach to laying the necessary foundations for the introduction of items of evidence, Through the use of hypothetical factual scenarios, this book converts substantive rules of evidence into concrete lines of questioning.

Evidentiary Foundations

Author: Edward J. Imwinkelried
Publisher:
ISBN: 1531010407
Release Date: 2018
Genre:

Covering all major evidentiary doctrines, the text provides a blueprint for introduction of evidence at trial. It enables the student to convert a sentence in the Federal Rules of Evidence into a line of questioning to be used at trial. A useful companion to a coursebook in Evidence or Trial Practice, Evidentiary Foundations, enables the student to picture the manner in which the rules of evidence operate in court. After a brief narrative discussion, the book dissects each major evidentiary doctrine into a list of foundational elements. The book then sets out an illustrative foundation, establishing all the predicate elements. This foundation gives the student a more concrete understanding of the evidence rule to which the foundation relates.The Tenth Edition covers the latest amendments to Rules 801 and 902, including a detailed treatment of the new self-authentication provisions in 902(13) and 902(14). It also updates the foundations for social media postings, scanned writings, automated surveillance cameras, and the impact of Williams v. Illinois on expert testimony. Over the years, the various editions of Evidentiary Foundations have been used as a required or recommended supplementary text at over 140 law schools.

Objections at Trial

Author: Edward Imwinkelried
Publisher: LexisNexis
ISBN: 9781601567666
Release Date: 2018-03-16
Genre: Law

​Objections at Trial , an invaluable handbook from NITA®, bridges the gap between knowing the rules of evidence and applying them in a judicial setting—and clearly identifies what proposed evidence is subject to exclusion by objection. The updated Eighth Edition provides the reader—judge, lawyer, or law student—with a primer on the fine art of making effective objections to inadmissible evidence.

California Evidentiary Foundations

Author: Edward J. Imwinkelried
Publisher: LexisNexis
ISBN: 9781522141983
Release Date: 2018-10-05
Genre: Law

California Evidentiary Foundations is the ideal one-volume guide for overcoming common, and not-so-common, evidentiary problems in the courtroom. This accessible, popular manual shows you how to frame predicate questions to gain admission or exclusion of specific types of evidence and includes a list of the foundational elements and examples of specific lines of questioning for establishing these elements. Each foundation is accompanied by a clear explanation of the supporting principles of California evidence law. Packed with proven trial techniques, California Evidentiary Foundations will help you prepare for every evidentiary challenge you may face at trial. California Evidentiary Foundations takes the abstract principles of evidence and organizes them into concise statements, and illustrates their uses with sample transcripts of the elements being applied in the courtroom. The publication helps attorneys focus their case around a theme and understand the theories behind proving up evidence in both civil and criminal cases. This concise manual includes complete references to the California Evidence Code, Rules of Court, key cases, legislative history, and citations to secondary authorities such as Jefferson, Witkin, and CEB texts.

Problems and Simulations in Evidence

Author: Thomas F. Guernsey
Publisher: LexisNexis
ISBN: 9780327176336
Release Date: 2014-01-03
Genre: Law

Using both problems and simulations, this set of materials is designed to teach the reader to approach Evidence in a systematic manner; to analyze both legal doctrine and the factual setting in which that doctrine works. Perhaps the most unique aspect of these materials is the use of simulation. While many of the simulations contained in this book are done in the classroom and involve direct and cross-examination, many others involve non-courtroom situations and are designed to be performed outside the classroom. Many of the simulations performed outside the classroom are followed by questionnaires. When these questionnaires are answered after the exercise, they should provide immediate feedback on the reader's understanding of the evidentiary principles involved. Like the prior edition published in 2004, this new edition analyzes both legal doctrine and the factual setting in which that doctrine works, thus allowing professors to teach evidence in a systematic manner. Problems and Simulations also enables professors to integrate practical skills and values into their evidence course. Additionally: • Each chapter in the book includes realistic examples of how the evidentiary rule discussed is used in practice; • The problems within each chapter or section begin with basic concepts and build in complexity; • Many problems are presented in the context of witness examinations (often word for word from transcripts); • There are problems involving interviewing, counseling, negotiation, fact investigation, office policies and the like; and • Simulations are also included with the problems and integrated throughout the book While many of the simulations included in the book are to be used in the classroom and involve direct and cross-examination. There are also many simulations involving non -courtroom situations that can be performed outside the classroom. The simulations performed outside the classroom are followed by questionnaires designed to provide immediate feedback on students understanding of the evidentiary principles involved. This new edition also contains two Performance Tests to expose students to the type of examination they likely will take after law school. The author originally wrote these performance tests for the California Bar Examination as a member of its Performance Test Editing Team.

McElhaney s Litigation

Author: James W. McElhaney
Publisher: American Bar Association
ISBN: 089707954X
Release Date: 1995
Genre: Business & Economics

This guide provides the reader with clear, ready-to-use techniques that will make them a better trial lawyer and sharpen their understanding of the basics. serves as a resource for questioning and selecting a jury.

Understanding Evidence

Author: Paul C. Giannelli
Publisher: LexisNexis
ISBN: 9780327194132
Release Date: 2014-01-03
Genre: Law

This Understanding treatise presents the essential topics in evidence law cogently and concisely. While it was written primarily for students in Evidence and Trial Practice courses, the "Key Points" summary at the end of each chapter and the inclusion of the current Federal Rules of Evidence in an appendix make this treatise an excellent reference for busy attorneys. Understanding Evidence begins with an overview of Evidence law followed by an explanation of the roles of the judge and jury. The remaining chapters are organized under the following topics: • Procedural Framework of Trial • Relevancy • Witnesses • Real and Demonstrative Evidence • Writings • Hearsay • Privileges • Substitutes for Evidence This treatise extensively discusses and cites the Federal Rules of Evidence. Cases, statutes, other rules, and secondary sources are also cited, providing a comprehensive framework for understanding evidence law.

Trial Evidence

Author: Thomas A. Mauet
Publisher: Wolters Kluwer Law & Business
ISBN: 9781454874676
Release Date: 2015-11-12
Genre: Law

Well-known and experienced authors, highly respected in the clinical field, Thomas A. Mauet and Warren D. Wolfson provide a complete review of the effective use of evidence in a trial setting. Trial Evidence, Sixth Edition is structured around the way judges and trial lawyers think about evidentiary rules, with particular focus on the Federal Rules of Evidence. Numerous examples show how evidentiary issues actually arise, both before and during trial. A logical organization follows the sequence of a trial: opening statement, direct examination, cross examination, and closing arguments. Law and Practice sections throughout the book are based on actual federal and state cases and bring real life to the law of evidence. The accessible style of Trial Evidence always focuses on practice over theory.

The Psychological Foundations of Evidence Law

Author: Michael J. Saks
Publisher: NYU Press
ISBN: 9780814783870
Release Date: 2016-01-22
Genre: Law

Evidence law is meant to facilitate trials that are fair, accurate, and efficient, and that encourage and protect important societal values and relationships. In pursuit of these often-conflicting goals, common law judges and modern drafting committees have had to perform as amateur applied psychologists. Their task has required them to employ what they think they know about the ability and motivations of witnesses to perceive, store, and retrieve information; about the effects of the litigation process on testimony and other evidence; and about our capacity to comprehend and evaluate evidence. These are the same phenomena that cognitive and social psychologists systematically study. The rules of evidence have evolved to restrain lawyers from using the most robust weapons of influence, and to direct judges to exclude certain categories of information, limit it, or instruct juries on how to think about it. Evidence law regulates the form of questions lawyers may ask, filters expert testimony, requires witnesses to take oaths, and aims to give lawyers and factfinders the tools they need to assess witnesses’ reliability. But without a thorough grounding in psychology, is the “common sense” of the rulemakers as they create these rules always, or even usually, correct? And when it is not, how can the rules be fixed? Addressed to those in both law and psychology, The Psychological Foundations of Evidence Law draws on the best current psychological research-based knowledge to identify and evaluate the choices implicit in the rules of evidence, and to suggest alternatives that psychology reveals as better for accomplishing the law’s goals.

Criminal Evidentiary Foundations Third Edition

Author: Edward J. Imwinkelried
Publisher: LexisNexis
ISBN: 9781522101185
Release Date: 2017-12-08
Genre: Law

This is the reference your clients would ask you to purchase. Criminal Evidentiary Foundations tells you with precision how to lay foundations for your most critical evidence to be admitted in a criminal trial. Expert authors Edward J. Imwinkelried and Daniel D. Blinka quide you through converting abstract evidentiary doctrine into concrete lines of questioning, with phrasing of questions on direct and cross-examination explained in detail and hundreds of sample foundational questions adapted to specific criminal cases. In this convenient single volume with a current supplement, you'll find your questions answered on witness competency, authentication, relevance, credibility, privileges, opinions, hearsay, suppression, the Best Evidence Rule, and more. Whether you are preparing for your first case or you are a seasoned veteran, this treatise will become your most indespensible tool after the Federal Rules of Evidence in your next trial.

New York Evidentiary Foundations

Author: Randolph N. Jonakait
Publisher: LexisNexis
ISBN: 9781579111977
Release Date: 2018-09-21
Genre: Law

Learn how to address and overcome evidentiary problems in New York courtrooms. New York Evidentiary Foundations brings New York evidence law to life, showing you how to frame foundational questions to gain admission or exclusion of evidence. Included are specific lines of questioning which demonstrate courtroom-proven trial techniques applying New York evidence law.

California Evidentiary Foundations

Author: Edward J. Imwinkelried
Publisher: LexisNexis
ISBN: 9781522141983
Release Date: 2018-10-05
Genre: Law

California Evidentiary Foundations is the ideal one-volume guide for overcoming common, and not-so-common, evidentiary problems in the courtroom. This accessible, popular manual shows you how to frame predicate questions to gain admission or exclusion of specific types of evidence and includes a list of the foundational elements and examples of specific lines of questioning for establishing these elements. Each foundation is accompanied by a clear explanation of the supporting principles of California evidence law. Packed with proven trial techniques, California Evidentiary Foundations will help you prepare for every evidentiary challenge you may face at trial. California Evidentiary Foundations takes the abstract principles of evidence and organizes them into concise statements, and illustrates their uses with sample transcripts of the elements being applied in the courtroom. The publication helps attorneys focus their case around a theme and understand the theories behind proving up evidence in both civil and criminal cases. This concise manual includes complete references to the California Evidence Code, Rules of Court, key cases, legislative history, and citations to secondary authorities such as Jefferson, Witkin, and CEB texts.

Citizenship in Question

Author: Benjamin N. Lawrance
Publisher: Duke University Press
ISBN: 9780822373483
Release Date: 2016-12-09
Genre: Law

Citizenship is often assumed to be a clear-cut issue—either one has it or one does not. However, as the contributors to Citizenship in Question demonstrate, citizenship is not self-evident; it emerges from often obscure written records and is interpreted through ambiguous and dynamic laws. In case studies that analyze the legal barriers to citizenship rights in over twenty countries, the contributors explore how states use evidentiary requirements to create and police citizenship, often based on fictions of racial, ethnic, class, and religious differences. Whether examining the United States’ deportation of its own citizens, the selective use of DNA tests and secret results in Thailand, or laws that have stripped entire populations of citizenship, the contributors emphasize the political, psychological, and personal impact of citizenship policies. Citizenship in Question incites scholars to revisit long-standing political theories and debates about nationality, free movement, and immigration premised on the assumption of clear demarcations between citizens and noncitizens. Contributors. Alfred Babo, Jacqueline Bhabha, Jacqueline Field, Amanda Flaim, Sara L. Friedman, Daniel Kanstroom, Benjamin N. Lawrance, Beatrice McKenzie, Polly J. Price, Rachel E. Rosenbloom, Kim Rubenstein, Kamal Sadiq, Jacqueline Stevens, Margaret D. Stock