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Rules of evidence are, as the name indicates, the rules by which a court determines what evidence is admissible at trial. In the U.S., federal courts follow the Federal Rules of Evidence. This series of Federal Rules books, consisting of the Federal Rules of Evidence, Criminal Procedure and Civil...
This text is designed for use in a Evidence course as a stand-alone chapter. Specifically, this material covers FRE 410. Federal Rule of Evidence 410 was an attempt to codify common law precedent finding that withdrawn guilty pleas, pleas of nolo contendere, and offers to plead guilty and nolo...
This chapter on Propensity Character Evidence under Rule 404 of the Federal Rules of Evidence, is part of a continuing series of chapters written by the author exploring topics in evidence. The chapter is intended for law students and faculty to use in their Evidence course. 8,800 Words, 31 Pages in...
The Best Evidence Rule, contained in Article X of the Federal Rules of Evidence (Rules 1001-1008) and state counterparts, is a Rule that requires a party seeking to prove the contents of a writing, recording, or photograph to produce the original (or a duplicate) or account for its nonproduction...
The anti-jury impeachment rule, contained in Federal Rule of Evidence 606(b) and state counterparts, is a rule preventing the admission of jury testimony or statements in connection with an inquiry into the validity of the verdict, subject to certain exceptions. Through a series of cases and...
The Rape Shield Rule, contained in Federal Rule of Evidence 412 and state counterparts is a Rule preventing the admission of evidence concerning the sexual predisposition and behavior of an alleged victim of sexual misconduct, subject to certain exceptions. Through a series of cases and...
This material is about Federal Rule of Evidence 609: Impeachment by Evidence of Criminal Conviction. The goal of the party in impeaching a witness is to use the witness’s prior conviction(s) to prove that the witness has a propensity to be deceitful and that the witness is likely acting in...
This volume collects six previously released chapters from Professor Miller in the area of Evidence. The individual chapters are available in several formats, including eBook, and PDF. Please see the individual listing for each chapter for details about ordering a print copy or downloading a PDF or...