(Ebook) Evidentiary Foundations 8th Edition by Edward J Imwinkelried ISBN 9781531010393 1531010393

(Ebook) Evidentiary Foundations 8th Edition by Edward J Imwinkelried ISBN 9781531010393 1531010393

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ISBN 10: 1531010393
ISBN 13: 9781531010393
Author: Edward J Imwinkelried

(Ebook) Evidentiary Foundations 8th Edition Table of contents:

CHAPTER 1 INTRODUCTION

§ 1.01 INTRODUCTION

§ 1.02 LAYING A FOUNDATION—IN GENERAL

[1] LEGAL RULES

[2] PRACTICAL RULES

§ 1.03 LAYING A FOUNDATION ON DIRECT EXAMINATION

[1] IN GENERAL

[2] LEGAL RULES

[3] PRACTICAL RULES

§ 1.04 LAYING A FOUNDATION ON CROSS-EXAMINATION

[1] IN GENERAL

[2] LEGAL RULES

[3] PRACTICAL RULES

CHAPTER 2 RELATED PROCEDURES

§ 2.01 INTRODUCTION

§ 2.02 PRETRIAL MOTION IN LIMINE BY THE OPPONENT

[1] THE DOCTRINE

[2] ELEMENTS OF A MOTION IN LIMINE

[3] SAMPLE MOTION IN LIMINE

§ 2.03 OBJECTIONS AT THE TRIAL BY THE OPPONENT

[1] THE DOCTRINE

[2] ELEMENTS OF AN OBJECTION

[3] SAMPLE OBJECTIONS

§ 2.04 MOTIONS TO STRIKE AT TRIAL BY THE OPPONENT

[1] THE DOCTRINE

[2] ELEMENTS OF A MOTION TO STRIKE

[3] SAMPLE MOTION TO STRIKE

§ 2.05 REQUEST BY THE OPPONENT TO TAKE A WITNESS ON VOIR DIRE

[1] THE DOCTRINE

[2] SAMPLE REQUEST TO TAKE A WITNESS ON VOIR DIRE

§ 2.06 OFFER OF PROOF BY THE PROPONENT

[1] THE DOCTRINE

[2] ELEMENTS OF AN OFFER OF PROOF

[3] SAMPLE OFFER OF PROOF

CHAPTER 3 THE COMPETENCY OF WITNESSES

§ 3.01 INTRODUCTION

§ 3.02 THE VOIR DIRE OF A CHILD BY THE WITNESS’S PROPONENT

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATION

§ 3.03 THE QUESTIONING OF A LAY WITNESS BY THE PROPONENT TO DEMONSTRATE PERSONAL KNOWLEDGE

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATION

§ 3.04 THE OPPONENT’S PRESENTATION OF PSYCHIATRIC TESTIMONY ATTACKING A PROSPECTIVE WITNESS’S COMPETENCY

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATION

§ 3.05 THE WITNESS SPOUSE

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATION

§ 3.06 DEAD PERSONS’ STATUTES OR SURVIVORS’ EVIDENCE ACTS

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATIONS

CHAPTER 4 AUTHENTICATION

§ 4.01 AUTHENTICATION IN GENERAL

[1] INTRODUCTION

[2] AUTHENTICATION IN TRADITIONAL COURTROOMS

[3] AUTHENTICATION IN COMPUTERIZED COURTROOMS

[a] IN GENERAL

[b] THE PRESENTATION OF AN UNMARKED HARD COPY BY USING A DOCUMENT CAMERA

[c] THE PRESENTATION OF A PREMARKED EXHIBIT BY USING A DOCUMENT CAMERA

[d] THE PRESENTATION OF DIGITIZED EXHIBITS LOADED ONTO A COMPUTER

§ 4.02 THE AUTHENTICATION OF PRIVATE WRITINGS

[1] WRITINGS ALSO RAISE ISSUES OF BEST EVIDENCE AND HEARSAY

[2] TESTIMONY OF A WITNESS WHO OBSERVED THE DOCUMENT’S EXECUTION

[3] TESTIMONY OF A WITNESS FAMILIAR WITH THE AUTHOR’S HANDWRITING STYLE

[4] THE REPLY LETTER DOCTRINE

[5] A COMPARISON BY AN EXPERT QUESTIONED DOCUMENT EXAMINER

[6] A PRINTOUT FROM A SOCIAL MEDIA PROFILE PAGE

§ 4.03 THE AUTHENTICATION OF BUSINESS WRITINGS

[1] CONVENTIONAL BUSINESS WRITINGS

[2] COMPUTER RECORDS

[3] “FAXED” DOCUMENTS

[4] E-MAIL

[a] OVERVIEW

[b] EVIDENTIARY DOCTRINES AND FOUNDATIONAL ELEMENTS

[c] SAMPLE FOUNDATIONS

[i] IN GENERAL

[ii] CHAIN OF CUSTODY HANDLING TESTIMONY BY AN EMPLOYEE OF AN E-MAIL SERVICE

[iii] TESTIMONY ABOUT A DIGITAL SIGNATURE

[5] INFORMATION POSTED AT A BUSINESS’ WEB SITE

[6] SELF-AUTHENTICATING BUSINESS RECORDS

§ 4.04 THE AUTHENTICATION OF OFFICIAL WRITINGS

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATION

§ 4.05 THE AUTHENTICATION OF ORAL STATEMENTS

[1] IN GENERAL

[2] LAY OPINION TESTIMONY OF A WITNESS FAMILIAR WITH THE SPEAKER’S VOICE

[3] THE TELEPHONE DIRECTORY DOCTRINE

[4] TESTIMONY BY A VOICEPRINT OR SOUND SPECTROGRAPHY EXPERT

[5] CALLER IDENTIFICATION

[a] THE DOCTRINE

[b] ELEMENTS OF THE FOUNDATION

[c] SAMPLE FOUNDATION

§ 4.06 TAPE RECORDINGS

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATIONS

§ 4.07 DEMONSTRATIVE EVIDENCE

[1] IN GENERAL

[2] VERIFICATION OF A DIAGRAM

[3] MARKING A DIAGRAM

[4] MODELS

§ 4.08 THE IDENTIFICATION OF REAL OR ORIGINAL PHYSICAL EVIDENCE

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATIONS

§ 4.09 THE VERIFICATION OF PHOTOGRAPHS

[1] STILL PHOTOGRAPHS

[2] MOTION PICTURES AND VIDEOTAPES

[3] X-RAYS

[4] COMPUTER ANIMATIONS AND SIMULATIONS

[a] IN GENERAL

[b] ILLUSTRATIVE EVIDENCE

[c] SUBSTANTIVE EVIDENCE

[5] ENHANCED PHOTOGRAPHS

§ 4.10 THE VALIDATION OF SCIENTIFIC EVIDENCE

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATION

CHAPTER 5 RULE 403 AND LEGAL RELEVANCE LIMITATIONS ON CREDIBILITY EVIDENCE

PART A. Introduction

§ 5.01 OVERVIEW

§ 5.02 THE STAGES OF CREDIBILITY ANALYSIS

PART B. Bolstering Witnesses Before Impeachment

§ 5.03 PRIOR IDENTIFICATION

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATION

§ 5.04 FRESH COMPLAINT

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATION

PART C. Impeachment of Witnesses

§ 5.05 BAD ACTS THAT HAVE NOT RESULTED IN A CONVICTION

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATION

§ 5.06 PROOF OF THE CHARACTER TRAIT OF UNTRUTHFULNESS

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATIONS

§ 5.07 PROOF THAT THE WITNESS HAS FAILED A POLYGRAPH EXAMINATION

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATION

§ 5.08 PROOF THAT ANOTHER WITNESS SPECIFICALLY CONTRADICTS THE TESTIMONY OF THE WITNESS TO BE IMPEACHED

§ 5.09 PROOF THAT THE WITNESS MADE A PRIOR INCONSISTENT STATEMENT

[1] IN GENERAL

[2] CROSS-EXAMINATION TO ELICIT A WITNESS’S CONCESSION THAT THE WITNESS EARLIER MADE AN INCONSISTENT STATEMENT

[3] EXTRINSIC EVIDENCE OF A PRIOR INCONSISTENT STATEMENT

[4] EVIDENCE OF THE WITNESS’S FAILURE TO MENTION A FACT IN A PRIOR STATEMENT

§ 5.10 PROOF THAT THE WITNESS HAS SUFFERED A CONVICTION

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATIONS

§ 5.11 PROOF THAT THE WITNESS IS BIASED

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATIONS

§ 5.12 PROOF THAT THE WITNESS IS DEFICIENT IN AN ELEMENT OF COMPETENCY

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATIONS

PART D. Rehabilitation of Witnesses After Impeachment

§ 5.13 PRIOR CONSISTENT STATEMENT

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATION

§ 5.14 PROOF OF THE CHARACTER TRAIT OF TRUTHFULNESS

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATION

CHAPTER 6 LEGAL RELEVANCE LIMITATIONS ON EVIDENCE THAT IS RELEVANT TO THE HISTORICAL MERITS OF THE CASE

§ 6.01 INTRODUCTION

§ 6.02 CHARACTER EVIDENCE

[1] OVERVIEW

[2] REPUTATION CHARACTER EVIDENCE

[3] OPINION CHARACTER EVIDENCE

[4] PROOF OF CHARACTER BY SPECIFIC INSTANCES OF CONDUCT

[5] CROSS-EXAMINATION OF A CHARACTER WITNESS

§ 6.03 HABIT EVIDENCE

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATION

§ 6.04 OTHER CRIMES OR UNCHARGED MISCONDUCT EVIDENCE

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATION

§ 6.05 UNCHARGED MISCONDUCT EVIDENCE IN CIVIL ACTIONS

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATION

§ 6.06 SIMILAR HAPPENINGS EVIDENCE

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATION

§ 6.07 IN-COURT EXHIBITIONS

§ 6.08 IN-COURT DEMONSTRATIONS

§ 6.09 LIABILITY INSURANCE

CHAPTER 7 PRIVILEGES AND SIMILAR DOCTRINES

§ 7.01 INTRODUCTION

§ 7.02 PRIVILEGES FOR CONFIDENTIAL RELATIONS—IN GENERAL

§ 7.03 PRIVILEGES FOR CONFIDENTIAL INFORMATION—INVOKING A PRIVILEGE

[1] ELEMENTS OF THE FOUNDATION

[2] SAMPLE FOUNDATION

§ 7.04 PRIVILEGES FOR CONFIDENTIAL RELATIONS—DEFEATING A PRIVILEGE BY PROVING WAIVER

[1] IN-COURT WAIVER

[2] OUT-OF-COURT WAIVER

§ 7.05 PRIVILEGES FOR CONFIDENTIAL RELATIONS—DEFEATING A PRIVILEGE BY PROVING A SPECIAL EXCEPTION

[1] IN GENERAL

[2] AT THE TIME OF THE COMMUNICATION, THE HOLDER SOUGHT THE INFORMATION TO FACILITATE A FUTURE CRIME OR FRAUD

[3] THE JOINT CONSULTATION SITUATION

[4] THE PATIENT-LITIGANT EXCEPTION

§ 7.06 THE WORK PRODUCT PROTECTION

[1] THE CONDITIONAL WORK PRODUCT PROTECTION

[2] THE ABSOLUTE WORK PRODUCT PROTECTION

§ 7.07 GOVERNMENT PRIVILEGES—MILITARY AND STATE SECRETS

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATION

§ 7.08 GOVERNMENT PRIVILEGES—MINOR GOVERNMENT SECRETS

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATIONS

§ 7.09 GOVERNMENT PRIVILEGES—AN INFORMANT’S IDENTITY

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATION

§ 7.10 SUBSEQUENT REPAIRS

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATIONS

§ 7.11 COMPROMISE STATEMENTS

[1] STATEMENTS DURING CIVIL SETTLEMENT NEGOTIATIONS

[2] STATEMENTS DURING PLEA BARGAINING NEGOTIATIONS

CHAPTER 8 THE BEST EVIDENCE RULE

§ 8.01 INTRODUCTION

§ 8.02 THE OBJECT INVOLVED IS NOT A “WRITING”

§ 8.03 THE WRITING’S TERMS ARE NOT “IN ISSUE”

§ 8.04 THE WRITING’S TERMS ARE ONLY COLLATERALLY “IN ISSUE”

§ 8.05 THE EVIDENCE OFFERED IS AN “ORIGINAL”

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATION

§ 8.06 THE EVIDENCE OFFERED IS A “DUPLICATE”

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATIONS

§ 8.07 ADMISSIBLE TYPES OF SECONDARY EVIDENCE

[1] IN GENERAL

[2] AN AUTHENTICATED COPY

[3] ORAL RECOLLECTION TESTIMONY

§ 8.08 EXCUSES FOR NON-PRODUCTION

[1] IN GENERAL

[2] THE PROPONENT LOST THE ORIGINAL

[3] THE PROPONENT INNOCENTLY DESTROYED THE ORIGINAL

[4] THE ORIGINAL IS IN OFFICIAL CUSTODY

[5] THE ORIGINAL IS IN THE POSSESSION OF A THIRD PARTY BEYOND THE REACH OF THE COURT’S COMPULSORY PROCESS

[6] THE PARTY-OPPONENT HAS POSSESSION OF THE ORIGINAL AND FAILS TO PRODUCE IT AFTER NOTICE TO PRODUCE

[7] VOLUMINOUS OR BULKY RECORDS

CHAPTER 9 OPINION EVIDENCE

§ 9.01 INTRODUCTION

§ 9.02 LAY OPINION TESTIMONY

[1] IN GENERAL

[2] COLLECTIVE FACT OPINIONS

[3] SKILLED LAY OBSERVER TESTIMONY

[4] OWNERS’ OPINIONS ABOUT THE VALUE OF THEIR PROPERTY

§ 9.03 EXPERT OPINION TESTIMONY

[1] IN GENERAL

[2] THE EXPERT’S QUALIFICATIONS TO FORM THE OPINION

[3] THE GENERAL THEORY OR PRINCIPLE THE EXPERT RELIES ON

[4] THE FACTUAL BASES OF THE EXPERT’S OPINION

[a] OVERVIEW

[b] FACTS THE EXPERT PERSONALLY KNOWS

[c] HEARSAY REPORTS FROM THIRD PARTIES

[d] ASSUMED FACTS

[5] THE STATEMENT OF THE OPINION ITSELF

[6] THE EXPLANATION OF THE OPINION

§ 9.04 EVIDENCE OF AN OUT-OF-COURT EXPERIMENT

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATION

CHAPTER 10 THE HEARSAY RULE, ITS EXEMPTIONS, AND ITS EXCEPTIONS

PART A. Introduction

§ 10.01 OVERVIEW

PART B. Hearsay

§ 10.02 THE DEFINITION OF HEARSAY

[1] IN GENERAL

[2] THE EVIDENCE IS AN ASSERTIVE STATEMENT OR ACT

[a] ASSERTIVE STATEMENTS

[b] ASSERTIVE ACTS

[c] NONASSERTIVE ACTS

[3] THE STATEMENT IS OFFERED FOR A HEARSAY PURPOSE

[a] OVERVIEW

[b] THE STATEMENT IS CIRCUMSTANTIAL PROOF OF THE DECLARANT’S STATE OF MIND—MENTAL OUTPUT

[c] THE STATEMENT IS AN OPERATIVE FACT OR VERBAL ACT

[d] THE EFFECT OF THE STATEMENT ON THE MIND OF THE HEARER OR READER—MENTAL INPUT

[4] THE STATEMENT WAS NOT MADE BY A HUMAN DECLARANT

[5] THE STATEMENT WAS MADE OR THE ACT PERFORMED BY A PERSON STILL CONSIDERED AN OUT-OF-COURT DECLARANT

PART C. The Admissions Exemption Requiring a Showing of Neither Reliability Nor Necessity

§ 10.03 THE EXEMPTION FOR ADMISSIONS OF A PARTY-OPPONENT

[1] IN GENERAL

[2] PERSONAL ADMISSIONS

[a] OVERVIEW

[b] IN CIVIL CASES

[c] IN CRIMINAL CASES

[3] ADOPTIVE ADMISSIONS

[a] OVERVIEW

[b] EXPRESS ADOPTION

[c] IMPLIED ADOPTION BY SILENCE—“TACIT ADMISSION”

[4] VICARIOUS ADMISSIONS

[a] IN CIVIL CASES

[b] IN CRIMINAL CASES

PART D. Hearsay Exceptions Based Primarily on a Showing of Reliability

§ 10.04 IN GENERAL

§ 10.05 BUSINESS ENTRIES

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATION

§ 10.06 OFFICIAL RECORDS

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATIONS

§ 10.07 PAST RECOLLECTION RECORDED AND PRESENT RECOLLECTION REFRESHED OR REVIVED

[1] PAST RECOLLECTION RECORDED

[2] PRESENT RECOLLECTION REFRESHED OR REVIVED

§ 10.08 EXCITED OR STARTLED UTTERANCES

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATION

§ 10.09 PRESENT SENSE IMPRESSIONS OR CONTEMPORANEOUS STATEMENTS

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATION

§ 10.10 DECLARATIONS OF STATE OF MIND OR EMOTION

[1] OFFERED TO PROVE STATE OF MIND OR EMOTION

[2] OFFERED TO PROVE SUBSEQUENT CONDUCT

§ 10.11 DECLARATIONS OF BODILY CONDITION

[1] PRESENT BODILY CONDITION

[2] PAST BODILY CONDITION

[3] EXTERNAL CAUSE OR SOURCE

PART E. Hearsay Exceptions Based on a Showing of Unavailability

§ 10.12 IN GENERAL

§ 10.13 THE UNAVAILABILITY OF THE DECLARANT AT TRIAL

[1] AT COMMON LAW AND BY STATUTE

[2] AS A MATTER OF CONSTITUTIONAL LAW

§ 10.14 DECLARATIONS AGAINST INTEREST

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATION

§ 10.15 DYING DECLARATIONS

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATION

§ 10.16 FORMER OR PRIOR TESTIMONY

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATION

§ 10.17 FORFEITURE BY WRONGDOING

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATION

PART F. The Residual Hearsay Exception Based on Showings of Reliability and Necessity

§ 10.18 THE RESIDUAL HEARSAY EXCEPTION

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATION

CHAPTER 11 SUBSTITUTES FOR EVIDENCE

§ 11.01 INTRODUCTION

§ 11.02 STIPULATIONS

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATIONS

§ 11.03 JUDICIAL NOTICE

[1] THE DOCTRINE

[2] SAMPLE FOUNDATIONS

§ 11.04 JURY VIEWS

[1] THE DOCTRINE

[2] ELEMENTS OF THE FOUNDATION

[3] SAMPLE FOUNDATION

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