723 EVIDENCE -- SYLLABUS
Prof. Alex Tanford, Summer 2020
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*This is a new version of the course adapted to the current situation so it may have glitches. Email tanford@indiana.edu if you find any errors or dead links.
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*If you have not already done so, go to the home page, read it and bookmark it.
Last updated: 7.1.2020
Notes:
a. This is an online class only.
b. The syllabus breaks the course down into classes that approximate the scope, complexity, level of work, and time that would be involved if it were a live class. You may take the classes at any time during ther semester. I recommend that you try for three per week so you are not scrambling to complete 15 classes in the last few days.
c. You may find that some pages randomly change font size or formatting. That's because I am not a competent web designer.
1. There is no topic one. It's a long story.
2. How evidence works
a. Rules 101, 102, 103, 104, 105, 106, 611, 1101, and Small Claims Rule 8
b. Text
c. Additional readings: The Ethics of Evidence
d. Problem 2A
e. Homework: None
f. To start the online class, click here.
3. The form of witness examination; objections.
a. Rules 611(a) and (c)
b. Text
c. Problem 3A
d. Homework: Write out objections the defense could make to questions 2 and 3 in Problem 3A. Phrase them as if you were in a trial.
e. To start the online class, click here.
4. Relevancy
a. Rules 401, 402, 403, 104(b)
b. Text
c. Problems 4A, 4B, 4C, 4D,
d. Homework: None
e. To start the online class, click here
5. Prejudice
a. Rule 403
b. Text
c. Problems 5A, 5B
d. Homework: None
e. To start the online class, click here.
6. Character.
a. Rules 404, 405
b. Text
c. Problems 6A, 6B, 6C
d. Homework: Write out objections to items A and C in Problem 6A (scenario 1 --respondeat superior theory).
e. To start the online class, click here.
7. Looks like character but isn't -- past acts to prove something other than conduct; habits.
a. Rules 404b, 406
b. Text
c. Problems 7A, 7B, 7C
d. Homework: Review transcript of the trial in the movie Adam's Rib. Find three places where you could make objections based on Rules 401-405 and write them out.
e. To start the online class, click here.
8. Special rules of relevancy.
a. Rules 407, 408, 409, 410, 411, 412
b. Text
c. Problem 8A
d. Homework: None
e. To start the online class, click here.
9. Competency and personal knowledge
a. Rules 601, 602, 603, 605, 606
b. Text
c. just for fun, click here to see what a deadman's statute looks like (it will not be on the exam)
d. Problem 9A
e. Homework: In problem 9A part 2, write out a response to the defense argument that Gloria is incompetent; Problem 9A part 4, write out an objection to item #6.
f. To start the online class, click here.
10. Impeachment.
a. Rules 607-616
b. Text
c. Problems 10A, 10B
d. Homework: In Problem 10A, if items 4, 5 and 6 were objected to as irrelevant, write out the responses.
e. To start the online class, click here.
11. Privileges
a. Rule 501 and Indiana privilege statutes
b. Text
c. Privilege issues flow chart
d. Problems 11A, 11B, 11C
e. To start the online class, click here.
12. Lay witness opinion rule
a. Rules 602, 701
b. Case on skilled witness opinions
c. Text
d. Problem 12A
e. Homework: In problem 12A, items number 1 and 5, if the defense objects to the plaintiff's opinions under Rule 701, write out the plaintiff's response.
f. To start the online class, click here.
13. Expert witnesses
a. Rules 702-705
b. Daubert v. Merrel-Dow
c. Melendez-Diaz case
d. Applications of Daubert test: In re Viagara litigation, and admissibility of polygraph tests
e. Text
f. Problems 13A, 13B, 13C, 13D
g. Homework: None
h. To start the online class, click here.
14. The hearsay rule.
a. Rules 801, 802, 805, 807
b. Text
c. Problems 14A, 14B, 14C, 14D, 14E, 14F, 14G, 14H
d. Hearsay hypothetical, to be discussed in class
e. Homework. Write out an argument why sounding the alarm in Problem 14D is not hearsay.
f. To start the online class, click here.
15. Exemptions from the hearsay rule.
a. Rule 801(d)
b. Text
c. Problems 15A. 15B. 15C. 15D
d. Homework: Problem 15C. If the press release was signed by Sarah Nichols, write out the defense attorney's objection and argument that the evidence is not admissible.
e. To start the online class, click here.
16. Spontaneous statements.
a. Rules 803(1) - 803(4)
b. Text
c. Problems 16A, 16B, 16C, 16D
d. No homework
e. Extra practice exercises for state of mind exception
f. To start the online class, click here.
17. Written statements and records.
a. Rules 803(5)-(18)
b. Text
c. Problems 17A, 17B, 17C, 17D, 17E
d. Homework: None
e. To start the online class, click here.
18. Statements by unavailable declarants
a. Rule 804
b. Text
c. Problems 18A, 18B, 18C, 18D, 18E, 18F, 18G, 18H
d.Homework: None
e. To start web class, click here.
19. Hearsay and the confrontation clause.
a. Text
b. Crawford case
c. State v. Wright
d. Giles v. California
e. Melendez-Diaz v. Massachusetts
b. To start the online class, click here.
21. April 10. Exhibits and demonstrations (there is no topic 20)
a. Rules 901, 902, 1001-1008
b. Text
c. Introduction to metadata, and case on authenticating electronic evidence
d. Problem 21
e. Homework: None
f. To start the online class, click here.
22. Exam tips and course review.
a. Exam tips
b. Notes on organizing the rules of evidence and issue spotting.
c. Sample exam questions for international and exchange students
d. Review materials: Transcript with 65 questions, asking you to make or respond to an objection, and discussion of possible answers.
23. July 10. Exam. 11:00 am EDT.
The exam will be downloadable from the course website on Canvas. You will prepare your answers on your computer and then upload them as a single Word or .pdf file back to Canvas. You will have 3 hours but probably won't need that long.