دانلود کتاب Evidence for Paralegals 5e (Aspen College)

فهرست مطالب :

Half Title Page
Editorial Advisors
Title Page
Copyright Page
About Wolters Kluwer Law & Business
About the Author
Dedication Page
Summary of Contents
Contents
Foreword
Acknowledgments
Chapter 1 - Introduction
1.1 Overview
1.2 Historical Development of the Rules of Evidence
1.3 Ethics and Advocacy
1.4 Reasons for the Rules of Evidence
1.5 What Is Evidence?
1.6 Role of the Paralegal
1.7 Direct and Circumstantial Evidence
1.8 How Is Evidence Obtained?
1.9 Interviewing Witnesses
1.10 Discovery Devices
1.11 Evidentiary Procedures
1.12 In Summary
End of Chapter Review Questions
Applications
Chapter 2 - Relevance
2.1 Common Law Rules of Relevancy and Materiality
2.2 Relevancy Under the Federal Rules of Evidence
2.3 Admissibility of Relevant Evidence
2.4 Evolution of the Unfair Prejudice Objection
2.5 What Constitutes Unfair Prejudice
2.6 Undue Delay, Wasting Time, or Needlessly Presenting Cumulative Evidence
2.7 Objection for Unfair Prejudice Where Evidence Is Admissible for a Limited Purpose
2.8 Rule 403—Inapplicability
2.9 In Summary
End of Chapter Review Questions
Applications
Chapter 3 - Character
3.1 Character Evidence Defined
3.2 Character Evidence in Civil Cases
3.3 Character of the Defendant in Criminal Proceedings
3.4 Character of the Victim in Criminal Proceedings
3.5 Prior Sexual Conduct Evidence in Civil and Criminal Sex Offense Cases
3.6 Methods of Proving Character
3.7 Character as an Essential Element of the Civil or Criminal Case
3.8 General Prohibition Against Evidence of Crimes, Wrongs, or Other Acts to Prove Conduct in Civil and Criminal Cases
3.9 Offering Extrinsic Evidence of Crimes, Wrongs, or Other Acts Through the Back Door
3.10 The Battle Between FRE 403 and FRE 404(b)
3.11 In Summary
End of Chapter Review Questions
Applications
Chapter 4 - Habit and Modus Operandi
4.1 Habit Defined
4.2 Habit as an Organizational Function
4.3 Proving the Habit of an Individual
4.4 Proving the Habit of an Individual Who Follows a Professional Routine
4.5 Modus Operandi
4.6 Procedural Information
4.7 In Summary
End of Chapter Review Questions
Applications
Chapter 5 - Witnesses and Competency
5.1 Common Law Rules of Competency
5.2 Who Is Competent to Testify Under the FRE?
5.3 Modern Competency Rules in the States
5.4 Personal Knowledge of the Witness
5.5 The Oath or Affirmation
5.6 Judges and Jurors as Witnesses
5.7 In Summary
End of Chapter Review Questions
Applications
Chapter 6 - Impeachment
6.1 Impeachment—An Explanation
6.2 Who May Impeach?
6.3 Impeachment Based on Character for Truthfulness
6.4 Evidence of Specific Conduct on Cross-Examination
6.5 Impeachment by Evidence of Conviction of a Crime
6.6 Impeachment Based on Religious Beliefs or Opinions
6.7 Prior Inconsistent Statements
6.8 Refreshing a Witness’s Memory
6.9 Personal Bias
6.10 Collateral Extrinsic Evidence
6.11 Overlapping Rules and Limitations on the Use of Impeachment Evidence
6.12 In Summary
End of Chapter Review Questions
Applications
Chapter 7 - Lay and Expert Opinions
7.1 Opinion Testimony by Lay Witnesses
7.2 Expert Opinions
7.3 Laying a Foundation for Expert Testimony and Demonstrative Evidence
7.4 The Use of Lay Testimony in Lieu of Expert Testimony
7.5 The Bases of Opinion Testimony by Experts and Refreshing the Expert’s Recollection
7.6 Opinion as to the Ultimate Issue
7.7 Court Appointed Experts
7.8 In Summary
End of Chapter Review Questions
Applications
Chapter 8 - Settlement, Negotiation, and Remedial Measures
8.1 The Role of Paralegals in Settlement and Negotiation
8.2 Compromise and Offers to Compromise
8.3 When Settlement Negotiations and Agreements Are Admissible
8.4 Excludability of Evidence of Remedial Measures
8.5 Payment of Medical and Similar Expenses
8.6 Exclusion of Evidence of Liability Insurance
8.7 Exclusion of Evidence of Unaccepted Plea Bargains, Withdrawn Pleas, and No Contest Pleas
8.8 In Summary
End of Chapter Review Questions
Applications
Chapter 9 - Hearsay
9.1 Introduction to Hearsay
9.2 Purpose of Hearsay Rules
9.3 An Introduction to Nonhearsay
9.4 Nonverbal Conduct
9.5 Evidence That Is Not Hearsay Because the Rules Say It Is Not
9.6 Evidence That Is Not Hearsay Because the Court Says It Is Not
9.7 Identifying Nonhearsay Uses of Evidence Offered for Purposes Other Than to Prove the Truth, and Understanding Their Limitations
9.8 Verbal Acts
9.9 Implied Assertions
9.10 In Summary
End of Chapter Review Questions
Applications
Chapter 10 - Hearsay Exceptions
10.1 Introduction to Hearsay Exceptions
10.2 The Crawford Confrontation Wrinkle
10.3 Present Sense Impression and Excited Utterance
10.4 Res Gestae
10.5 Then Existing Mental, Emotional, or Physical Condition
10.6 Statements for Purposes of Medical Diagnosis or Treatment
10.7 Recorded Recollection
10.8 Records
10.9 Reputation
10.10 Learned Treatises
10.11 Judgments
10.12 “Catch-All” Hearsay Exceptions
10.13 Availability of the Declarant
10.14 Hearsay Exceptions When the Declarant Is Unavailable
10.15 In Summary
End of Chapter Review Questions
Applications
Chapter 11 - Authentication, Identification, and Exhibits
11.1 Introduction
11.2 Testimony of a Witness with Personal Knowledge
11.3 Chain of Custody
11.4 Authenticating Documents and Self-Authentication
11.5 Authenticating Business Records
11.6 Ancient Documents
11.7 Computer and Other Technologically Generated Records
11.8 State Statutes and Acts of Congress
11.9 Best Evidence Rule—Original, Duplicate, and Unavailable Documents
11.10 Summaries of Documents
11.11 In Summary
End of Chapter Review Questions
Applications
Chapter 12 - Constitutional Constraints on the Admissibility of Evidence
12.1 Introduction
12.2 An Overview of the Fourth Amendment
12.3 The Fourth Amendment’s Search and Seizure Requirements
12.4 Exceptions to the Search Warrant Requirement
12.5 The Fifth Amendment and the Right Against Compelled Self-Incrimination
12.6 The Miranda Warnings
12.7 The Sixth Amendment’s Confrontation Clause
12.8 The Exclusionary Rule—The Cure for Constitutional Violations
12.9 Fruit of the Poisonous Tree
12.10 In Summary
End of Chapter Review Questions
Applications
Chapter 13 - Common Law Privileges
13.1 Introduction to Common Law Privileges
13.2 The Attorney-Client Privilege and the Work-Product Privilege
13.3 Communications That Fall Outside the Attorney-Client Privilege
13.4 The Crime-Fraud Exception to the Attorney-Client Privilege
13.5 Spousal Privilege
13.6 The Physician-Patient Privilege
13.7 Religious Communication Privilege
13.8 Counselors, Therapists, and Social Workers, and Chiropractors, Nurses, and Dentists
13.9 Military Secrets
13.10 Privileges on the Horizon
13.11 In Summary
End of Chapter Review Questions
Applications
Appendix A - Federal Rules of Evidence
Glossary
Index