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Evidence

B723 is taught by J. Oliva, A. Orenstein, J. Tanford

Evidence is critically important to the practice of law. Why? Evidence is not only central to every civil and criminal trial; evidence often determines the victor in any given legal dispute pre-trial. Evidence law regulates the proof of facts at trial and reflects the construction of courtroom truth. Evidence is also significant outside the courtroom. Transactional attorneys, in-house counsel, mediators, negotiators, and lobbyists consistently use evidence to analyze and advance their clients claims. In other words, evidence is vital to everything that lawyers do every day. This course examines the legal rules that govern the proof of disputed issues of fact during adversary proceedings. Emphasis will be placed on the rules that determine the admissibility of various types of evidence, including testimonial evidence (hearsay rules and impeachment of witnesses), documentary evidence, and scientific and expert evidence. The course also considers, among other things, judicial notice as substitute for evidence, character evidence, impeachment, and the effect of the jury trial on the rules of evidence. This course will include a final examination.