last updated: Oct. 9, 2009
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1. Thursday, August 27. Introduction (1 hr)
Text: 1-12
Everyone meets in room 121, including those taking the e-course
If you did not attend the first class in person, click here .
2. Friday, August 28. Basic Relevancy
Rules 401-402-403
Text 43-63
Outline of key concepts.
Problems 3-4, 3-6, 3-2, 3-7, 3-8, 3-9, 3-14
No homework.
To start web class, click here
3. Thursday, September 3. Rule 403 (Prejudicial effect) (1 hr)
Rule 403 again
Text: 65-86
Outline of key concepts.
Problems 4-5, 4-6, 4-9, 4-11
No homework.
Movie: "Big Daddy" (Adam Sandler, 1999)
To start web class, click here .
4. Thursday-Friday, September 3-4. Making and Meeting Objections (revisiting some Rule 403 problems)
Rule 103
Text: 29-42
Problems: 2-1, 2-3
No homework.
Movie: "Duck Soup" (Marx Bros., 1933)
Additional required reading: The Ethics of Evidence .
To start the web class, click here .
5. Thursday-Friday, September 10-11. Character evidence
Rules 404 , 405
Text: 87-168
Note: Read 87-120 closely. We will focus on these materials.
We will not cover the materials on 120-135 in class, but you should know the rules on sexual character because they frequently show up on bar exams.
The materials on impeachment at 135-59 may be skimmed because we will cover impeachment in detail later in the semester. However, don't skip them entirely because you have to understand the
difference between character evidence and impeachment evidence.
Read 159-169. This is a good review and summary.
Outline of key concepts
Problems for class: 5-3, 5-8, 5-10, 5-18, 5-20
Sexual character problems for self-study: 19-13, 19-14 (p. 852), answers at p. 864.
Homework: Write out objections to Prob 5-8, part1 and Prob 5-10, part 1. Email all homework assignments to me if you take the electronic class. Bring them with you if you attend the live class.
Movies: "From the Hip" (Judd Nelson, 1987); "Bananas" (Woody Allen, 1971)
To start the web class, click here .
6. Thursday, September 17. Other crimes and specific bad acts, Rule 404(b)
Rule 404(b)
Text: 170-194, 201-16
Outline of key concepts.
Problems 5-66, 5-70, 5-71
Review transcript of trial in the movie Adams Rib. Be prepared in class to make and respond to objections based on Rules 401-405.
Movie: "Adam's Rib" (Katharine Hepburn, Spencer Tracy, 1949)
Homework. If the evidence in Problems 5-66 and 5-70 is objected to as character evidence, write out your responses.
To start web class, click here .
7. Friday, September 18. Rule 404(b) review; Habit & Custom
Rule 406
Text: 194-198
Outline of key concepts.
Problems 5-81, 5-79, 5-80
Homework: In Problem 5-81, if the defense objected to the evidence that he drank a shot of Chivas every day as inadmissible character evidence, write out the response that the prosecutor should make.
To start web class, click here .
8. Thursday, September 24. Rules 407-411, excluding relevant evidence for policy reasons
Rules 407 , 408, 409 , 410 , 411
Text: 217-261
Outline of key concepts.
Problems 6-2, 6-1, 6-16, 6-10, 6-14
Homework a) Problem 6-2: If you represented both defendants, write out the objection you would make. b) Problem 6-16. If the evidence is objected to as violating Rule 408, write out the response
Alice's lawyer should make.
To start the web class, click here .
REVIEW: Click here for a proposal for rewriting the relevance rules to make them clearer without changing the substance. If you had any difficulty understanding a relevance rule, try looking at these to see if it helps your understanding.
9. Friday, September 25. Competency & personal knowledge
Rules 601 , 602, 603 , 605 , 606
Text: 263-276. We will devote most time to the personal knowledge rule, 270-71. I expect this topic will carry over to next Thursday's class.
Outline of key concepts.
Problems 7-1, 7-2, 7-4, 7-5, and many more personal knowledge rule hypotheticals in class.
Homework: Problem 7-2. Write a response to an objection that Archie is not competent to testify.
Movies: "Disorder in the Court" (3 Stooges, 1939); "Big Daddy" (Adam Sandler, 1999); "Caine Mutiny" (Humphrey Bogart, 1959).
To start the web class, click here .
In class, we went over some examples of how to make an objection. For examples, click here
10. Thursday, Oct. 1 - Fri. Oct. 2. Personal Knowledge and Lay Witness Opinions
Review Rule 602
Rule 701
Text: 307-318
Outline of key concepts.
Problem: 8-6
Homework: a) In problem 8-6, if the defense objects to the plaintiff's first opinion (speed of the car) on the grounds that this testimony violates the opinion rule, write out the plaintiff's response.
b) Also in problem 8-6, if the defense objects to the plaintiff's opinion that the pilot smelled like he had been drinking on the grounds that this testimony violates the opinion rule, write out the plaintiff's response.
Movie: "A Few Good Men" (Tom Cruise, Demi Moore, 1992).
To start web class, click here .
11. Thurs.-Fri., October 8-9. The Hearsay Rule
Rule 801(a)-(d)(1) ; 805
Text: read 393-432, 473-493. The readings are not as long as they appear, because much of the text comprises unassigned problems which you do not have to read. Be sure to read the Examples,
however.
Outline of key concepts.
A hearsay hypothetical (we will go through this at the beginning of class)
Problems 10-6, 10-11, 10-12, 10-36, 10-37, 10-17, 10-22, 10-24, 10-41, 11-7, 11-22, 11-9, 11-28
Homework: Problem 10-22. Write out two alternative responses to the defendant's hearsay objection.
Movie: "Wild in the Country" (Elvis Presley)
To start web class, click here .
12. Thursday Oct. 15 (first hour) Admissions of party-opponent.
Rule 801(d)(2)
Text: Skim 511-534, read closely 561-597.
Outline of key concepts.
Problems: 13-1, 13-8, 13-10, 13-14, 13-17, 13-26
Homework: Problem 13-17. If items 4, 5, and 6 were objected to as hearsay, write out your argument in response why they are admissible.
To start web class, click here .
13. Thursday Oct 15 (2nd hour). Rule 803 Exceptions for spontaneous statements
Rules 803(1)-(4)
Text: 599-627. Read the Hillmon case on 660-663 because it's a "famous" evidence case, but don't expect it to make sense
Outline of key concepts.
For additional materials on "state of mind," click here .
Problems 14-2, 14-3, 14-8, 14-14, 14-19
Don't panic - if there's no homework assignment posted, then there's no homework
To start the web class, click here .
Friday Oct. 16. No class. Finish yesterday's class using the on-line class, starting at the beginning.
* * * FALL BREAK * * *
14. Thursday, October 29- Fri. Oct. 30. Rule 803 Exceptions for written records
Rules 803(5)-(16)
Text: 638-657. Read Palmer v. Hoffman on 671-73.
Outline of key concepts.
Problems 14-37, 14-38, 14-41, 14-48, 14-49, 14-50, review problem 14-E.
To start the web class, click here .
15. Thursday, Nov. 5. Rule 804 Exceptions for Unavailable Declarants
Rule 804
Text: 679-715
Outline of key concepts.
Problems 15-1, 15-3, 15-4, 15-8, 15-10, 15-14, 15-20
Homework: In problem 15-1, if Dana tried to use Jeff's deposition as evidence, write out an argument that she has not established Jeff's unavailability. In problem 15-14, write out the argument why this
does not qualify as a dying declaration.
To start web class, click here .
*Not covered on class but highly recommended -- the "Residual" exception -- could be useful on the exam
Rule 807
Text: 716-720
16. Electronic make-up class. Hearsay and the Confrontation Clause.
Rule 804(b)(6)
Text: 432-440, 446-472
State v. Wright
An analytical outline of Crawford, by Prof. Clifford Fishman.
Giles v. California (2008)
Melendez-Diaz v. Massachusetts (2009)
To start web class, click here . All students in both the live section and the electronic section are to take this class.
*Optional hearsay review exercises (highly recommended). To begin, click here .
17. Friday, Nov. 6. Exhibits
Text 821-37
Rules 901 , 902 , 1001 et seq .
Outline of key concepts.
Problems 18-2, 18-4, 18-8, 18-9
Homework: Make an argument for or against (you pick) admissibility of the cassette tape in Problem 18-4. In Problem 18-8, if the plaintiff objects to the admissibility of a duplicate receipt as violating
the original document rule, write out the defendant's response.
To start web class, click here .
18. Thursday, Nov. 12. Impeachment
Rules 607 , 608 , 609 , 610 , 611
Text: Review 135-59, 490-92. Read 283-301
Outline of key concepts.
Problems 7-14, 7-17, 7-18, 7-21, 7-22, 7-23, 11-17 p. 491
Homework: Prob. 7-14. If each of the first four questions were objected to as irrelevant, what responses should the plaintiff's attorney make?
Movie: "Knock on Any Door" (Humphrey Bogart, 1949)
To start the web class, click here
19. Friday, Nov. 13. Leading questions and refreshing memory
Rule 611 , 612 , 803(5)
Text: 631-38. The book discusses leading questions only briefly on p. 278. Read also Rule 611(c) on p. 265.
Outline of key concepts.
Problems 7-10, 7-11, 7-25, 14-32, 14-33
Homework. Problem 7-11. Write out objections the defense could make to the first 3 questions by plaintiff's attorney
To start web classes click here and click here.
20. Thursday, November 19. Expert Witness Opinions
Rule 702 , 703 , 704 , 705 , 706
Text: Do not read the expert witness chapter in the book unless you are a masochist or particularly interested in the history and philosophy of science. It is incomprehensible and has strangely little to do
with expert testimony and opinions. Instead, read the Daubert case, this supplement from the Indiana Trial Evidence Manual, and Lee v. Martinez (admissibility of polygraph results).
Outline of key concepts.
Problems 9-27, 9-28, 9-31, 9-25
To see how complicated this stuff really is, read In re Viagra Products Liability Litigation .
Testimony of Mona Lisa Vito in "My Cousin Vinny," and Dr. Lionel Thompson in "The Verdict."
To start first web class click here
To start second web class, click here .
21. Friday, Nov. 20. Privilege
Rule 501
New Rule 502 . $20 prize to the person who can explain what on earth this rule means in 30 words or less. Submit entries by email at least an hour before class.
Text: 787-810
Outline of key concepts.
Problems 17-3, 17-5, 17-8
To start the web class, click here .
22. Electronic class. Judicial Notice, Presumptions & Burdens of Proof
Rule 201 301
Text: 745-80
Outline of key concepts.
Problems 16-20, 12-22, 16-24, 16-26, 16-A
To start web class, click here. [all students in both the live and electronic sections should take this class]
23. Thursday-Friday, Dec. 3-4. Issue spotting and exam prep
Movie: Anatomy of a Murder
All students should attend these classes in person if possible, including those taking the e-course. For students who cannot attend in person, the full transcript will be posted here . Lines are numbered
so you will be able to email me with questions about particular evidence if you are unsure whether it is objectionable.
Additional material: Practice Exam
Exam tips
Answers to practice exam
Class notes on organizing the rules of evidence.