【图书简介】 The most trusted name in law school outlines, Emanuel Law Outlines support your class preparation, provide reference for your outline creation, and supply a comprehensive breakdown of topic matter for your entire study process. Created by Steven Emanuel, these course outlines have been relied on by generations of law students. Each title includes both capsule and detailed versions of the critical issues and key topics you must know to master the course. Also included are exam questions with model answers, an alpha-list of cases, and a cross reference table of cases for all of the leading casebooks.-读书网|DuShu.com
【本书目录】 Preface Casebook Correlation Chart Capsule Summary Chapter 1 BASIC CONCEPTS Ⅰ. FIRST PRINCIPLES A. Only admissible evidence usable B. Roles of judge and jury C. The Federal Rules Ⅱ. ORGANIZATION OF THE TRIAL A. Flow of the case B. Examination of witnesses 1. Four stages 2. Sequestration of witnesses Ⅲ. MAKING AND RESPONDING TO OBJECTIONS A. Making objections B. Time for objection C. General vs. specific objections D. Taking of "exceptions" E. Offer of proof F. The "plain error" and "harmless error" doctrines Ⅳ. COMPETENCY A. Meaning B. General common-law approach C. Modern approach 1. Presumption of competence 2. Federal Rules 3. Dead Man's Statutes Exam Tips on BASIC CONCEPTS Chapter 2 RELEVANCE Ⅰ. RELEVANCE GENERALLY A. All relevant evidence admitted B. Two aspects of relevance 1. Link One (probative relationship) 2. Link Two (materiality) 3. Rule 401 C. "Direct" vs. "circumstantial" evidence Ⅱ PROBATIVE VALUE A. The problem generally B. Experience and logic, not law C. Chain of inference Ⅲ PREJUDICE, CONFUSION, AND WASTE OF TIME A. "Counterweights" to relevance B. Prejudice 1. Comparison standard 2. Gruesome photos 3. Evidence of other crimes C. Confusion D. Waste of time E. No "unfair surprise" F. Standard for appellate review Quiz Yourself on RELEVANCE Exam Tips on RELEVANCE Chapter 3 CIRCUMSTANTIAL PROOF:SPECIAL PROBLEMS Ⅰ CHARACTER EVIDENCE IN GENERAL A. Nature of the problem Ⅱ CHARACTER IN ISSUE A. General rule B. Federal Rules C. Rare D. Type of evidence Ⅲ CHARACTER AS CIRCUMSTANTIAL EVIDENCE—GENERALLY Ⅳ USE OF CIRCUMSTANTIAL CHARACTER EVIDENCE IN CIVIL CASES A. General rule …… Chapter 4 EXAMINATION AND IMPEACHMENT OF WITNESSES Chapter 5 HEARSAY Chapter 6 EXCEPTIONS TO THE HEARSAY RULE Chapter 7 CONFRONTATION AND COMPULSORY PROCESS Chapter 8 PRIVILEGES Chapter 9 REAL AND DEMONSTRATIVE EVIDENCE,INCLUDING WRITINGS Chapter 10 OPINIONS,EXPERTS,AND SCIENTIFIC EVIDENCE Chapter 11 BURDENS OF PROOF,PRESUMPTIONS,AND OTHER PROCEDURAL ISSUES Chapter 12 JUDICIAL NOTICE MULTISTATE-STYLE EXAM QUESTIONS MULTISTATE-STYLE EXAM ANSWERS TABLE OF CASES TABLE OF REFERENCES TO THE FEDERAL RULES OF EVIDENCE SUBJECT MATTER INDEX