Evidence Problems and Materials

The rules of evidence can be effectively and directly understood through applied learning methods such as problem-solving. More than just a supplemental source of problems, this book can be used in conjunction with the federal or state rules of evidence and their associated legislative history as an all-purpose guide to the rules of evidence. Each section of Evidence Problems and Materials commences with a brief explanation of a particular area of evidence law, followed by problems to test understanding of the evidentiary rules and their intended meaning. Methods of presentation of the problems include:

•  Courtroom transcript form;
•  Lawyering skills settings such as qualifying an expert, distinguishing and comparing statutes; and
•  Examination of identifying characteristics such as race, gender, sexual orientation, and ethnicity that may significantly affect evidentiary rulings.

The role-playing problems allow students to consider different perspectives and focus on how to persuade others to adopt those perspectives, thereby facilitating an understanding of the evidence rules and their constitutive framework, and offering a broader perspective of how the rules relate to lawyering, legal theory, and human nature.