Trial Evidence

535 Pages·2015·3.097 MB·English

by  Thomas A. Mauet

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Trial Evidence
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TRIAL EVIDENCE
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EDITORIAL ADVISORS
Erwin Chemerinsky
Dean and Distinguished Professor of Law
Raymond Pryke Professor of First Amendment Law
University of California, Irvine School of Law
Richard A. Epstein
Laurence A. Tisch Professor of Law
New York University School of Law
Peter and Kirsten Bedford Senior Fellow
The Hoover Institution
Senior Lecturer in Law
The University of Chicago
Ronald J. Gilson
Charles J. Meyers Professor of Law and Business
Stanford University
Marc and Eva Stern Professor of Law and Business
Columbia Law School
James E. Krier
Earl Warren DeLano Professor of Law
The University of Michigan Law School
Richard K. Neumann, Jr.
Professor of Law
Maurice A. Deane School of Law at Hofstra University
Robert H. Sitkoff
John L. Gray Professor of Law
Harvard Law School
David Alan Sklansky
Professor of Law
Stanford Law School
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Copyright © 2016 Thomas A. Mauet and Warren D. Wolfson.
Published by Wolters Kluwer in New York.
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Library of Congress Cataloging-in-Publication Data
Mauet, Thomas A., author.
Trial evidence / Thomas A. Mauet, Milton O. Riepe Professor of Law and Director of Trial Advocacy, University
of Arizona College of Law; Warren D. Wolfson, justice of the Appellate Court of the State of Illinois (retired) and
former dean and current Distinguished Visiting Professor, DePaul University College of Law.—Sixth edition.
pages cm.—(Aspen coursebook series)
Includes bibliographical references and index.
eISBN 978-1-4548-7467-6
1. Evidence (Law)—United States. I. Wolfson, Warren D., author. II. Title.

KF8935.M28 2016
347.73'6—dc23
2015036844
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Contents
Preface
Citations

I. AN ADVOCACY APPROACH TO TRIAL EVIDENCE
II. THE ROLE AND POWER OF THE TRIAL JUDGE: EVIDENTIARY
OBJECTIONS BEFORE AND DURING TRIAL
III. OPENING STATEMENTS
IV. DIRECT EXAMINATION OF WITNESSES: BASIC CONSIDERATIONS
V. DIRECT EXAMINATION OF WITNESSES: RELEVANCE
VI. DIRECT EXAMINATION OF WITNESSES: HEARSAY AND NON-HEARSAY
VII. DIRECT EXAMINATION OF WITNESSES: HEARSAY EXCEPTIONS
VIII. DIRECT EXAMINATION OF WITNESSES: POLICY EXCLUSIONS AND
PRIVILEGES
IX. DIRECT EXAMINATION OF EXPERTS
X. EXHIBITS
XI. JUDICIAL NOTICE AND PRESUMPTIONS
XII. CROSS-EXAMINATION AND IMPEACHMENT OF LAY AND EXPERT
WITNESSES
XIII. REDIRECT, RECROSS, REBUTTAL, AND SURREBUTTAL
XIV. CLOSING ARGUMENTS

Appendix FEDERAL RULES OF EVIDENCE
Index
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Preface
Citations
I. AN ADVOCACY APPROACH TO TRIAL EVIDENCE
§1.1. Introduction
§1.2. The three “Rs”
1. Relevance
2. Reliability
3. Rightness
§1.3. Using the three “Rs”
§1.4. Conclusion
II. THE ROLE AND POWER OF THE TRIAL JUDGE: EVIDENTIARY
OBJECTIONS BEFORE AND DURING TRIAL
§2.1. Introduction
§2.2. Sources of judicial power
1. FRE 102
2. FRE 611
3. FRE 614
§2.3. Sources of judicial procedure
1. FRE 104
2. FRE 103
3. FRE 105
§2.4. Raising and meeting objections
III. OPENING STATEMENTS
§3.1. Introduction
§3.2. Mentioning inadmissible evidence
1. Law
2. Practice
§3.3. Mentioning unprovable evidence
1. Law
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