Evidence and the Advocate: A Contextual Approach to Learning Evidence
Addressing the wide gap between what students learn in school about the law of evidence and what occurs in practice, Behan (Southern Illinois School of Law) wrote this text to prepare students on all fronts. That is, he wants students to be able to pass a bar exam, understand theory enough so that they can exercise it creatively, and grasp the practicalities of courtroom rules. In the background, he sets the context of social policy, scholarship, and case law. Toward these ends, each rule of law is addressed in a consistent, structured manner, and discussion and application exercises are included. Annotation ©2012 Book News, Inc., Portland, OR (booknews.com)
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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.This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
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