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Evidence in Context

Evidence in Context

Evidence in Context contains two relatively detailed case files, quite similar to the material a trial lawyer may have as he or she approaches trial. They are followed by over three hundred problems for class analysis and discussion, which address the full range of evidentiary issues.


Availability: In Stock
Publisher :NITA
Format: Fourth Edition, Softbound , BOOK

ISBN: 9781422491669

2010
 
$60.00
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    Evidence in Context is designed to create a fully contextual understanding of the law of evidence. It contains two relatively detailed case files, quite similar to the material a trial lawyer may have as he or she approaches trial. The first file is a murder case where the issue is the identity of the killer and the defendant is the estranged husband of the victim. The second file is a civil action for defamation brought by a former employee against her very wealthy employer. The cases raise realistic and challenging issues in the law of evidence and allow for a critical assessment of that law. They are followed by over three hundred problems for class analysis and discussion. These problems address the full range of evidentiary issues.

    Law professors may request the teaching notes for this publication by emailing ReviewCopy@lexisnexis.com.

    CONTENTS

    SECTION I. CASES

    State v. Mitchell

    Introduction

    Grand Jury Indictment

    Testimony at First Trial

    Brooke Thompson
    Officer Pat Slyviak
    Exhibit 16--Testimony of Maria Pietro
    Exhibit 12--Wilson Studios Letter
    Exhibit 17--Anonymous Letter to Police Department
    Defendant Joe Mitchell

    Statements

    Joe Mitchell
    Quinn Washington
    Raleigh Porter
    Chris Ravenna

    Exhibits

    Street Diagram
    Diagram of Portion of Premises at 1751 Madison
    Section Map of Nita City, Nita
    Full-Body Photo of Leslie Mitchell
    Close-up Photo of Leslie Mitchell
    Photo of Front Door
    Photo of Front of House
    Joe's Handwritten Note to Leslie
    Police Custodian's Property Log
    Sgt. John Pierce Background Information
    Crime Lab Report
    Coroner's Report

    Jury Instructions

    Verdict Form


    MacIntyre v. Easterfield

    Introduction

    Complaint

    Answer

    Depositions

    Jesse MacIntyre
    Ross Easterfield
    Kerry Easterfield
    Reverend MacKenzie Taylor
    Kelly Emerson
    Reeve Winsor
    Lee Marlow

    Exhibits

    Floor Plan of the Easterfield Home
    Photos
    The Easterfield Home--Outside
    The Easterfield Home--Dining Room
    The Easterfield Home--Library
    Bus Schedule and Certification
    Church Certification and Mass Schedule
    Partial Transcript of MacIntyre's Guilty Plea
    Partial Transcript of Alice Adams Deposition
    Application for Personal Loan
    Nita Revised Statutes
    Statement of Jesse MacIntyre
    Letter to Reverend Taylor
    Letter from Reverend Taylor
    Statement of Mike Stiko
    Nita Prison Review Board Order and Certification
    Letter from Reverend Taylor to Nita Transit
    Nita Criminal Code
    Statement of Reeve Winsor
    Bank Statement of Ross Easterfield
    Deposition Transcript of Maria Zanoni
    Bill of Sale for Brooch
    Ross Easterfield's Desk Calendar
    Easterfield's Letter to Insurance Company
    Application to ABC Employment Agency
    Peter Steinfels's Opinion Letter and Resume
    Jesse MacIntyre's School Record
    Nita City Tribune Classified Ad
    Videotape Interview--Martha Van Kirk
    Letter from Lee Marlow to Nita City Athletic Club Board Members

    Memorandum Order

    Jury Instructions

    Verdict Forms

    Memorandum of Law


    Section II. Problems

    I. Relevance

    II. Impeachment and Rehabilitation

    III. Burden of Proof and Presumptions

    IV. Witness Examination and Rulings on Evidence

    V. Authentication and the Best Evidence Rule

    VI. Hearsay

    VII. Opinion Testimony (Lay and Expert)

    VIII. Privileges

    IX. Judicial Notice

    X. Concluding Questions

     

    Robert P. Burns


    Robert P. Burns is a professor of law at Northwestern Law and a litigation attorney in the Northwestern University Legal Clinic. He teaches courses in evidence, civil procedure, professional responsibility, health care law, and the philosophy of law. In 1996, and again in 1998, he was awarded the Robert Childress Memorial Award for Teaching Excellence and in 1997 was elected the outstanding Professor of a Small Class. The Class of 1997 elected him to give the "Last Lecture" on the day before graduation. He is program director for the Law School's Litigation and Dispute Resolution Concentration and has been both Perkins-Bauer Teaching Professor and Stanford Clinton Senior Research Professor. His current research interests focus on the theory of the trial and on professional responsibility. Professor Burns is a National Institute for Trial Advocacy (NITA) Distinguished Faculty Member, having taught for the preeminent continuing legal education organization since 1982. He is a principal architect of Northwestern's unique coordinated program in evidence, professional responsibility, and trial advocacy and is co-author of Problems and Materials in Evidence and Trial Advocacy, Vols. I and II, Exercises and Problems in Professional Responsibility, and many essays and articles on trial, evidence, professional responsibility, mediation, and legal philosophy.

    Steven Lubet


    Steven Lubet is the Edna B. and Ednyfed H. Williams Memorial Professor of Law at Northwestern University, where he directs the Bartlit Center on Trial Strategy. He teaches courses on legal ethics, trial advocacy, and narrative structures. A prolific author, Lubet has written more than fifteen books and over a hundred articles on legal issues such as legal and judicial ethics, litigation, legal history, international criminal law, dispute resolution and legal education. His textbook, Modern Trial Advocacy, is used by over ninety U.S. law schools and has been translated or adapted for use in six other countries. In addition to his scholarly and legal writing, Lubet's humor and opinion pieces have appeared on the op-ed pages of newspapers such as the Chicago Tribune, New York Times, San Francisco Chronicle, Baltimore Sun, Philadelphia Inquirer, Newsday, Los Angeles Times, Washington Post, Dallas Morning News, Atlanta Journal Constitution, Detroit Free Press, and many others. He writes an award-winning column for the American Lawyer Magazine, and his satirical commentaries have been heard on National Public Radio's Morning Edition. Lubet received his B.A. in history from Northwestern University (Phi Beta Kappa) in 1970 and his J.D. from the University of California at Berkeley School of Law (Boalt Hall) in 1973. Prior to joining the faculty at Northwestern in 1975, Lubet was an instructor on legal research and writing at DePaul University School of Law and a staff attorney at the Legal Assistance Foundation of Chicago.

    Richard E. Moberly


    Richard E. Moberly is an associate professor of law at the University of Nebraska's College of Law, where he teaches employment law, evidence and in the Civil Clinical Law Program. A 2007 recipient of a College Distinguished Teaching Award and the Cline Williams Research Chair, Professor Moberly received his B.A. degree in history, summa cum laude, from Emory University and his J.D. from Harvard Law School, magna cum laude. In 2007, the U.S. House of Representatives' Subcommittee on Workforce Protections invited him to testify on his research on employee whistleblower protection, and on federal whistleblower protections in particular. He has recently been working on a number of new editions of his teaching materials for evidence and trial advocacy for the National Institute for Trial Advocacy (NITA). While at Harvard, Professor Moberly worked as an editor of the Harvard Law Review. Following graduation, he served as a law clerk for the Honorable N. Carlton Tilley, Jr., U.S. District Judge for the Middle District of North Carolina, before joining the law firm of McKenna Long and Aldridge LLP.

     

 
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