Evidentiary Foundations

• NCJ Number: 85792
• Author(s): E J Imwinkelried
• Date Published: 1980
• Length: 255 pages
• Sale Source: Michie Co
• Language: English
• Country: United States of America

Annotation

This text for law students and beginning trial lawyers addresses the practical applications of evidentiary doctrines in the courtroom with attention to procedural rules, witnesses' competency and credibility, authentication, legal relevance, opinion evidence, the hearsay rule, and privileges.

Abstract

Following suggestions about laying a foundation on direct and cross-examination, the book describes procedures the opponent must invoke to exclude evidence and procedures the proponent resorts to if the judge sustains an objection by the opponent. Specific topics discussed include a motion in limine, a motion to strike, and an offer of proof. Doctrines governing the competency of witnesses are illustrated by a sample questioning of a child, a lay witness, a psychiatrist, and a spouse. The chapter on witness credibility focuses on impeachment techniques. The mechanics of presenting physical or documentary evidence are explained, as are authentication doctrines for private, business, and official writings. Other areas considered are oral statements, tape recordings, demonstrative evidence, real physical evidence, photographs, and scientific evidence. Criteria that judges use to exclude logically relevant evidence are outlined. The best evidence rule is a competence doctrine that excludes relevant evidence because of doubts about its reliability. Various bases for defeating best evidence objections are presented, followed by guidelines for opinion evidence and the hearsay rule. Also discussed is another form of competence doctrine that excludes evidence to promote an extrinsic social policy, epitomized by privileges for confidential relations. The final chapter on miscellaneous evidentiary doctrines explores subsequent repairs, compromise statements made during civil settlements and plea bargaining negotiations, stipulations, and judicial notice. The text describes each doctrine, summarizes its major elements, and then provides a sample motion. An index is included.