Evidence and the Advocate: A Contextual Approach to Learning Evidence

Evidence and the Advocate: A Contextual Approach to Learning Evidence

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Evidence and the Advocate teaches each rule of evidence using a three pronged approach: (1) a treatise-like explanation of the rule, its purposes, exceptions and foundations; (2) cases, discussion questions and hypothetical problems related to the rule; and (3) an application section in which the students must prepare a courtroom exercise putting the rule into action. This approach forms a teaching template for each rule of evidence. Each application exercise stands alone and has been designed to illuminate the rule being taught. The application exercises range from simple form-of-question drills to full-fledged evidentiary hearings. Some require minimal preparation, and others require significant out-of-class research and preparation. In the exercises, students serve as attorneys, witnesses, judges, and, in the more involved exercises, as a court of appeals. The exercises build on each other. The initial exercises focus on fundamental advocacy skills such as conducting a direct examination or laying the foundation for an exhibit. Later exercises incorporate these foundational skills for more complicated tasks such as writing a motion, impeaching a witness, or conducting a Daubert hearing on the reliability of expert testimony.A famous example of an implied assertion occurs in the movie The Pink Panther Strikes Again.1 In that movie, Inspector Clouseau, standing in front of a small dog , turns to a hotel clerk and asks, a€œDoes your dog bite?a€ The clerk replies, a€œNo.

Title:Evidence and the Advocate: A Contextual Approach to Learning Evidence
Author:Christopher W. Behan
Publisher:LexisNexis - 2014-01-03


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