This book brings to life the world of civil litigators on the brink of trial. Within this world, the Rules of Evidence control the flow of information into the case. If admitted, the information can join other pieces of information to create chains of inferences which ultimately support the narratives upon which the respective advocates' case theories rest. If excluded, the narrative is impaired, perhaps fatally. Advocates who fully understand and appreciate these rules use them to guide their presentation of evidence, to oppose admission of their opponent's evidence and even to assess the strength of their case for the purposes of negotiation.
The text follows an age discrimination case as it approaches the trial preparation phase. In this journey, students must engage in strategic planning and problem-solving, as well as resolve a series of ethical dilemmas, as they prepare for a range of hands-on performances. The students will select evidence for their case, argue over admissibility of statistics, use omissions from a document and prior inconsistent statements to impeach a witness, lay and attack the foundation for a computer-generated business record, authenticate and oppose a voice identification, and qualify, examine and cross examine an expert.
Throughout, they will work with a realistic casefile that includes a complaint and answer, job evaluations, statistics provided in discovery, interviews, depositions, an agency report, business records, and expert witness resumes and reports.
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