Evidence advice?

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LAWYER2
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Joined: Fri Jul 16, 2010 9:15 pm

Evidence advice?

Postby LAWYER2 » Thu Jun 14, 2012 3:49 pm

Hi guys. I have a condensed summer evidence course.
Any input on tips for success in Evidence, such as:

*determining the specific evidence in question
*analysis tips for demonstrative vs. testimonial
* analysis pattern to follow etc

Any over-all practice tips would be hella helpful!

Geist13
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Joined: Sat Oct 10, 2009 3:21 pm

Re: Evidence advice?

Postby Geist13 » Thu Jun 14, 2012 10:31 pm

Cali in Evidence. I just read the rules. Didn't pay attention to cases, didn't worry about special tricks. Just figure out when the rules apply and then just apply them. The rules aren't like they are in civ pro, where its all about the court's interpretation. The rules are all pretty straight forward, as is their application. There are a few exception where a major cases affects something that you wouldn't get from the rule itself (Old Chief and Oates are the two biggies I can remember, and the confrontation clause of course). But mostly, just get used to the rules and when they apply and then apply them.

Demonstrative v. testimonial evidence: haha um I don't know, I don't remember ever reading about that distinction. I guess my class didn't do everything, even though we read the whole casebook.
determining the evidence in question: do you mean like identifying what the evidence is? Its just whatever the witness said, the document said or what the thing is, right? Maybe I'm missing something from your question.
Analysis to follow: again, its all right in the rules, very straightforward. Its not like civ pro where you have to figure out these step by step analytic procedures for each rule. the rules lay everything out for you, generally in a very clear way.

One thing that I think will help is to just get used to working with the material. Really pay attention in class. Maybe your professor just lectures, but mine was very interactive, so there was plenty of opportunity to work on identifying hearsay, and spotting when the exceptions arise. You can do this with practice problems also. Seriously, just practice practice practice working with the material. In a lot of way evidence is a un-intuitive way of thinking about things, so you have to get used to it.

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smokyroom26
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Re: Evidence advice?

Postby smokyroom26 » Fri Jun 15, 2012 12:20 am

Buy the Courtroom Evidence Handbook by Wellborn and Goode. Read the entire section on the current rules (you'll see what I mean), including all the notes. A+.

Seriously, this worked wonders for me. I almost never attended class.

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kalvano
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Re: Evidence advice?

Postby kalvano » Fri Jun 15, 2012 12:21 am

Just buy the E&E. I never read the textbook, got an A.

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LAWYER2
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Re: Evidence advice?

Postby LAWYER2 » Fri Jun 15, 2012 2:33 pm

smokyroom26 wrote:Buy the Courtroom Evidence Handbook by Wellborn and Goode. Read the entire section on the current rules (you'll see what I mean), including all the notes. A+.

Seriously, this worked wonders for me. I almost never attended class.



cool, I got the E&E ordered, do you think last years Edition will make much difference in the Evidence Handbook by Welborn & Goode?

Thanks for all the input thus far :wink:

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kalvano
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Re: Evidence advice?

Postby kalvano » Fri Jun 15, 2012 3:55 pm

LAWYER2 wrote:
smokyroom26 wrote:Buy the Courtroom Evidence Handbook by Wellborn and Goode. Read the entire section on the current rules (you'll see what I mean), including all the notes. A+.

Seriously, this worked wonders for me. I almost never attended class.



cool, I got the E&E ordered, do you think last years Edition will make much difference in the Evidence Handbook by Welborn & Goode?

Thanks for all the input thus far :wink:


I have no idea what that book looks like. All I know is the E&E in combination with the Advisory Committee Notes worked very well.

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A'nold
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Re: Evidence advice?

Postby A'nold » Fri Jun 15, 2012 4:54 pm

Actually truly figure out Hearsay, unlike some people.........some people like me. To be fair, I understand it when I study it, then forget all the nuances like 5 minutes later.

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joobacca
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Re: Evidence advice?

Postby joobacca » Fri Jun 15, 2012 6:47 pm

if you're taking california evidence, then you can buy a book that compares the cec to the fre side by side. i thought it was pretty useful. i forgot the name, but you can find it on amazon with a little effort. or you can use an old outline from your school or a school from your state and the student probably noted the differences of state evidence code alongside the fre.

morris248
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Re: Evidence advice?

Postby morris248 » Sun Jun 17, 2012 12:12 pm

Here is a good overview of relevance and hearsay

--LinkRemoved--

The old E&E is fine.

you can find past evidence exams at

http://community.udayton.edu/law/library/past_exams/past_exams.php

http://www.law-school-books.com/evidence-exam.html




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