last updated: Feb. 13, 2012
To go to class home page (for announcements and basic course information) click here .
1. Friday, January 13. Introduction
Everyone meets in room 121, including those planning to take the e-course.
If you did not attend the first class in person, click here .
Send notifications about live vs electronic track to my secretary, Stacey Kaiser. The procedure will be explained in class, and also appears at the end of the
electronic version of the first class .
2. Thursday, January 19. How evidence works
Rule 101(a). Appendix (in back of textbook) beginning at 927.
Rule 102.
Rule 103(a)-(d).
Rule 104(a).
Rule 105.
Rule 106.
Text: 31-44.
Outline of key concepts.
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 .
3. Friday, January 20. Relevancy
Rules 401-402-403. Appendix at 937-38
Text: 45-65
Rule 104(b). Appendix at 931.
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
4. Thursday, January 26 (1st hour). Prejudice.
Rule 403 again. Appendix at 938.
Text: 67-89.
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 .
5. Thursday, January 26 (2d hour). Character.
Rules 404(a), 404(b)(1) [reserve 404(b)(2), which we will take up later], 405. Appendix at 939-41.
Text: 91-125, 140-70. We will not cover the materials on pp 125-140 in class, but you should know the rules on sexual character because they frequently
show up on bar exams.
The materials on impeachment at 140-63 need only be skimmed at this point, because we will cover impeachment in detail later in the semester. However,
don't skip this section entirely because you have to understand the difference between character evidence and impeachment evidence.
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. 904), answers at p. 916.
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. You must
put your last name plus "Homework 5" in the subject line. The homework should be in the body of the email, NOT as an attachment. Bring the homework
assignment 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. Friday January 27. No class. Students taking the live class should do the remainder of the e-class on character, starting here with problem 5-3.
7. Thursday, February 2. Looks like character but isn't -- past acts to prove something other than conduct; habits.
Rules 404(b); 406 . Appendix at 940-41.
Text: 175-221
Note on example in textbook, page 188.
Outline of key concepts.
Problems 5-66, 5-70, 5-71,5-81, 5-79, 5-80
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 . Web class will not be available until Friday.
8. Friday, February 3. Special rules of relevancy.
Rules 407, 408, 409, 410, 411. Appendix at 942-46.
Text: 223-52.
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 .
9. Thursday February 9 - Friday February 10. Competency and personal knowledge
Rules 601, 602, 603, 605, 606 . Appendix at 959-62.
Text: 269-282. We will devote most time to the personal knowledge rule, 276-77, which is easy to state but hard to apply.
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 .(link will not be active until Feb. 16)
10. Thursday February 16 (2d hour). Leading questions.
Rule 611(a) and (c) . Appendix at 969-70
Text: 282-83. The book discusses objections to the form of questions only briefly, so be sure to read the outline of key concepts..
Outline of key concepts.
Problems 7-10, 7-11
Homework. Problem 7-11. Write out objections the defense could make to the first 3 questions by plaintiff's attorney.
Possible movies: "Star Trek: Court-Martial;" "The Rainmaker" (Matt Damon, 1997); "The Caine Mutiny" (Humphrey Bogart, 1954).
To start web class click here .
11. Friday Feb. 17. Impeachment.
Rules 607, 608, 609, 610, 611, 612. Appendix at 962-71
Text: Review 140-61. Read 287-313
Outline of key concepts.
Problems 7-14, 7-17, 7-18, 7-21, 7-22, 7-23, 7-38
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); "My Cousin Vinny;" "The Caine Mutiny" (Humphrey Bogart, 1954).
To start the web class, click here
12. Thursday February 23 - Friday Feb. 24. Lay witness opinion rule.
Review Rule 602. Appendix at 959.
Rule 701. Appendix at 975.
Text: 317-23
Case on the skilled lay witness rule.
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 .
13. Thursday March 1 - Friday March 2. Expert witnesses
Rule 702, 703, 704, 705, 706 . Appendix at 976-81.
Text: Do not read the expert witness chapter (chapter 9) 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 web class click here
14. Thursday March 8. The hearsay rule.
Rule 801(a)-(d)(1), 802, 805 . Appendix at 982-83; 985, 1001.
Text: read 403-41, 499-519. 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)
First Problem set 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 .
15. Friday, March 9. Hearsay definition continued
Second problem set: 10-36, 10-37, 10-17, 10-22, 10-24, 10-41, 11-7, 11-22, 11-9, 11-28
To start web class, click here .
** Spring break **
16. Thursday March 15. Hearsay and the confrontation clause
Text: 442-98
State v. Wright
An analytical outline of Crawford, by Prof. Clifford Fishman.
To start Confrontation Clause web class, click here .
17. Friday March 16 - Thursday March 22. Exemptions from the hearsay rule.
Rule 801(d) . Appendix at 983.
Text: Read 537-61, 589-626.
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 .
18. Friday March 23. Spontaneous statements (will carry over to next Thursday).
Rules 803(1)-(4) . Appendix at 986-87.
Text: 627-56. Read the Hillmon case on 690-93 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
No homework assignment.
To start the web class, click here .
19. Thursday March 29 - Friday March 30. Written statements and records.
Rules 803(5)-(17) . Appendix 987-93.
Text: 668-688.
Read Palmer v. Hoffman on 701-03.
Outline of key concepts.
Problems 14-37, 14-38, 14-41, 14-48, 14-49, 14-50, review problem 14-E (p. 690).
To start the web class, click here .
20. Thursday April 5 - Friday April 6. Statements by unavailable declarants
Rule 804; 807 . Appendix at 997-1000, 1003..
Text: 48-53
Text: 709-53
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 .
21. Thursday April 12. Privilege.
Rule 501, 502 . Appendix at 955-58.
Text: 835-69. Note: Proposed rules 503-511 were not adopted, but are good summaries of the prevailing common law of privileges. They have been adopted
in many states.
Outline of key concepts.
Problems 17-3, 17-5, 17-8
To start the web class, click here .
22. Friday April 13. Exhibits
Text 871-87
Rules 901-902, 1001-1007 . Appendix at 1004-14, 1016-22.
Outline of key concepts.
An introduction to electronic evidence
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 .
23. Thursday April 19. Review, exam tips, practice exam.
Movie: "Anatomy of a Murder"
I strongly recommend that all students attend these classes in person if possible, including those taking the e-course. For students who cannot attend in person
who want additional practice making objections, the full transcript is posted here . Follow these links to suggested answers to questions 1-20 , questions
21-40 , questions 41-63.
Additional material:
Notes on organizing the rules of evidence and issue spotting.
Exam tips
Practice Exam
Answers to practice exam
Hearsay review exercises (highly recommended). To begin, click here .