User:Skyfaller/Evidence

This page roughly corresponds to the syllabus/outline for my Evidence (law) class at George Mason Law.

Intro to Evidence

• Federal Rules of Evidence

Relevance and Inference

• Sherrod v. Berry
• Old Chief v. United States - FRE 403 - Where the prior conviction is an element of the crime charged, evidence of a defendant's prior conviction may not be admitted if the defendant is willing to concede to the fact of the conviction.

Hearsay and Exceptions

• Dying declaration
• Present sense impression
• Declarations against interest
• Business records exception
• Ohio v. Roberts

Constitutional dimensions

• Sixth Amendment to the United States Constitution
• Confrontation Clause
  • Compulsory Process
  • Crawford v. Washington

"[w]hether rooted directly in the Due Process Clause of the Fourteenth Amendment or in the Compulsory Process or Confrontation Clauses of the Sixth Amendment, the Constitution guarantees criminal defendants a meaningful opportunity to present a complete defense." Crane v. Kentucky, 476 U.S. 683, 690 (1986).

Advanced Relevance

• Character evidence
• Habit evidence

Witnesses

• Competence (law)
• Cross-examination
• Witness impeachment

Writings

• Authentication - Mostly NOT about law :(
• Best evidence rule

Privileges

• Attorney-client privilege
• Physician-patient privilege and psychotherapists
  • Tarasoff v. Regents of the University of California
• Spousal privilege
• Priest-penitent privilege aka Confessional Privilege (United States)
• State Secrets Privilege

Opinions and Expertise

• Expert witness
• Daubert standard from Daubert v. Merrell Dow Pharmaceuticals
  • Kumho Tire Co. v. Carmichael