245 Evidence
A study of the theory and rules governing presentation of evidence to a judicial tribunal, including the concepts of relevancy, character evidence, judicial notice, real and demonstrative evidence, and expert testimony.
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Fall 2021
| Course Number | Course Credits | Evaluation Method | Instructor | Meeting Days/Times | Room | ||
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| 245.03 | 4 |
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Brandon L. Garrett | MWTh 9:00 AM-10:15 AM | 3037 | ||
What facts are heard in court, by whom, and how those facts are evaluated, is the subject matter of the law of evidence. This course covers the limitations on the information that can be introduced in court codified in the Federal Rules of Evidence. The overarching goals of the course are to (1) explain what evidence can be properly introduced (or excluded), and (2) offer a methodology for finding these answers in the wide variety of scenarios that arise in litigation. With that in mind, we will review practical problems throughout the course. We will begin with an introduction to the Federal Rules of Evidence, the role of judicial notice, and then concepts of relevance and unfair prejudice, largely following the order of the federal rules of evidence. We will then turn to character evidence, and lay and expert opinion. Next, we will explore hearsay, the ways in which the U.S. Constitution regulates evidence, authentication, and policy-based rules. Finally, we will briefly discuss privileges. In general, Professor Garrett will focus on the text, legislative history, and common law roots and development of the rules, along with practical problems to review the material that will be discussed in each class. Pre/Co-requisitesNoneEnrollment RestrictionsNone |
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| 245.04 | 3 |
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Shane Stansbury | M/W 4:00 PM-5:25 PM | 3037 | ||
This course covers the limitations on the information that can be introduced in court codified in the Federal Rules of Evidence. We will first take up the issue of relevance, including the rules concerning the balance between the probative value and the prejudicial impact of evidence and the special problems of character and credibility. We will then address the rules pertaining to the reliability of evidence, particularly the prohibition against hearsay and its many exceptions, the constitutional constraints on the testimony offered during criminal trials, and the screening of scientific and expert testimony. The course concludes with an introduction to other evidentiary concepts, such as privileges and authentication. Assigned materials will include both cases and real-world problems that will allow students to put the rules into practice. We will also occasionally make use of films and other materials from popular culture. Pre/Co-requisitesNoneEnrollment RestrictionsNone |
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Spring 2021
| Course Number | Course Credits | Evaluation Method | Instructor | Meeting Days/Times | Room | ||
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| 245.01 | 4 |
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Donald H. Beskind | MWTh 2:00 PM-3:15 PM | |||
This course covers the limitations on the information that can be introduced in court codified in the Federal Rules of Evidence. We will first take up the issue of relevance, including the rules concerning the balance between the probative value and the prejudicial impact of evidence and the special problems of character and credibility. We will then address the rules pertaining to the reliability of evidence, particularly the prohibition against hearsay and its many exceptions, the constitutional constraints on the testimony offered during criminal trials, and the screening of scientific and expert testimony. The course concludes with an introduction to evidentiary privileges. Professor Griffin will focus on the text, legislative history, and common law roots and development of the rules. "Readings" in her course include cases, problems, some theoretical materials, and popular culture about trials. Professor Beskind will primarily assign readings in a treatise rather than individual cases. In his class, students will work from two case files, one criminal and one civil, taking the role of advocates and arguing the evidentiary principles being studied as they arise in the cases. Pre/Co-requisitesNoneEnrollment RestrictionsNone |
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Fall 2020
| Course Number | Course Credits | Evaluation Method | Instructor | Meeting Days/Times | Room | ||
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| 245.02 | 4 |
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Lisa Kern Griffin | MWTh 2:00 PM-3:15 PM | |||
This course covers the limitations on the information that can be introduced in court codified in the Federal Rules of Evidence. We will first take up the issue of relevance, including the rules concerning the balance between the probative value and the prejudicial impact of evidence and the special problems of character and credibility. We will then address the rules pertaining to the reliability of evidence, particularly the prohibition against hearsay and its many exceptions, the constitutional constraints on the testimony offered during criminal trials, and the screening of scientific and expert testimony. The course concludes with an introduction to evidentiary privileges. Professor Griffin will focus on the text, legislative history, and common law roots and development of the rules. "Readings" in her course include cases, problems, some theoretical materials, and popular culture about trials. Professor Beskind will primarily assign readings in a treatise rather than individual cases. In his class, students will work from two case files, one criminal and one civil, taking the role of advocates and arguing the evidentiary principles being studied as they arise in the cases. **Fall 2020 information for Professor Griffin’s class: Although the course will be taught on line, I will also schedule some in-person meetings and small-group sessions on campus if possible, with virtual options for students who cannot attend. There is one assigned time block for the course, but the structure of classes will vary, and students will be divided into sections, discussion groups, and panels. We will have some synchronous whole-group meetings and some class time divided between sections. There will be occasional asynchronous content, including short lectures, podcasts, and some documentary footage. Students will have advance notice of all required participation elements. Evaluation will be based on these in-class exercises, interim quizzes, and a final essay exam. Syllabus: 245.02.Fall2020-syllabus.pdf78.44 KB Pre/Co-requisitesNoneEnrollment RestrictionsNone |
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Spring 2020
| Course Number | Course Credits | Evaluation Method | Instructor | Meeting Days/Times | Room | ||
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| 245.01 | 4 |
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Donald H. Beskind | MWTh 2:00PM - 3:15PM | 3043 | ||
This course covers the limitations on the information that can be introduced in court codified in the Federal Rules of Evidence. We will take up the issue of relevance, including the rules concerning the balance between the probative value and the prejudicial impact of evidence and the special problems of character and credibility. We will also address the rules pertaining to the reliability of evidence, including the prohibition against hearsay and its many exceptions, the constitutional constraints on the testimony offered during criminal trials, scientific and expert testimony, and authentication. The course touches on evidentiary privileges as well. Professor Griffin will focus on the text, legislative history, and common law roots and development of the rules. "Readings" in her course include cases, problems, some theoretical materials, and film. Professor Beskind will primarily assign readings in a treatise rather than individual cases. In his class, students will work from two case files, one criminal and one civil, taking the role of advocates and arguing the evidentiary principles being studied as they arise in the cases. Pre/Co-requisitesNoneEnrollment RestrictionsNone |
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Fall 2019
| Course Number | Course Credits | Evaluation Method | Instructor | Meeting Days/Times | Room | ||
|---|---|---|---|---|---|---|---|
| 245.02 | 4 |
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Lisa Kern Griffin | MWTh 2:00-3:15 PM | 3041 | ||
This course covers the limitations on the information that can be introduced in court codified in the Federal Rules of Evidence. We will take up the issue of relevance, including the rules concerning the balance between the probative value and the prejudicial impact of evidence and the special problems of character and credibility. We will also address the rules pertaining to the reliability of evidence, including the prohibition against hearsay and its many exceptions, the constitutional constraints on the testimony offered during criminal trials, scientific and expert testimony, and authentication. The course touches on evidentiary privileges as well. Professor Griffin will focus on the text, legislative history, and common law roots and development of the rules. "Readings" in her course include cases, problems, some theoretical materials, and film. Professor Beskind will primarily assign readings in a treatise rather than individual cases. In his class, students will work from two case files, one criminal and one civil, taking the role of advocates and arguing the evidentiary principles being studied as they arise in the cases. Pre/Co-requisitesNoneEnrollment RestrictionsNone |
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Spring 2019
| Course Number | Course Credits | Evaluation Method | Instructor | Meeting Days/Times | Room | ||
|---|---|---|---|---|---|---|---|
| 245.01 | 4 |
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Donald H. Beskind | MWTh 2:00-3:15 PM | 4047 | ||
This course covers the limitations on the information that can be introduced in court codified in the Federal Rules of Evidence. We will take up the issue of relevance, including the rules concerning the balance between the probative value and the prejudicial impact of evidence and the special problems of character and credibility. We will also address the rules pertaining to the reliability of evidence, including the prohibition against hearsay and its many exceptions, the constitutional constraints on the testimony offered during criminal trials, scientific and expert testimony, and authentication. The course touches on evidentiary privileges as well. Professor Griffin will focus on the text, legislative history, and common law roots and development of the rules. "Readings" in her course include cases, problems, some theoretical materials, and film. Professor Beskind will primarily assign readings in a treatise rather than individual cases. In his class, students will work from two case files, one criminal and one civil, taking the role of advocates and arguing the evidentiary principles being studied as they arise in the cases. Pre/Co-requisitesNoneEnrollment RestrictionsNone |
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Fall 2018
| Course Number | Course Credits | Evaluation Method | Instructor | Meeting Days/Times | Room | ||
|---|---|---|---|---|---|---|---|
| 245.01 | 4 |
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Donald H. Beskind | MWTh 2:00-3:15 PM | 3037 | ||
This course covers the limitations on the information that can be introduced in court codified in the Federal Rules of Evidence. We will take up the issue of relevance, including the rules concerning the balance between the probative value and the prejudicial impact of evidence and the special problems of character and credibility. We will also address the rules pertaining to the reliability of evidence, including the prohibition against hearsay and its many exceptions, the constitutional constraints on the testimony offered during criminal trials, scientific and expert testimony, and authentication. The course touches on evidentiary privileges as well. Professor Griffin will focus on the text, legislative history, and common law roots and development of the rules. "Readings" in her course include cases, problems, some theoretical materials, and film. Professor Beskind will primarily assign readings in a treatise rather than individual cases. In his class, students will work from two case files, one criminal and one civil, taking the role of advocates and arguing the evidentiary principles being studied as they arise in the cases. Pre/Co-requisitesNoneEnrollment RestrictionsNone |
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Spring 2018
| Course Number | Course Credits | Evaluation Method | Instructor | Meeting Days/Times | Room | ||
|---|---|---|---|---|---|---|---|
| 245.01 | 4 |
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Donald H. Beskind | MWTh 2:00-3:15 PM | 3037 | ||
This course covers the limitations on the information that can be introduced in court codified in the Federal Rules of Evidence. We will take up the issue of relevance, including the rules concerning the balance between the probative value and the prejudicial impact of evidence and the special problems of character and credibility. We will also address the rules pertaining to the reliability of evidence, including the prohibition against hearsay and its many exceptions, the constitutional constraints on the testimony offered during criminal trials, scientific and expert testimony, and authentication. The course touches on evidentiary privileges as well. Professor Griffin will focus on the text, legislative history, and common law roots and development of the rules. "Readings" in her course include cases, problems, some theoretical materials, and film. Professor Beskind will primarily assign readings in a treatise rather than individual cases. In his class, students will work from two case files, one criminal and one civil, taking the role of advocates and arguing the evidentiary principles being studied as they arise in the cases. Pre/Co-requisitesNoneEnrollment RestrictionsNone |
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Fall 2017
| Course Number | Course Credits | Evaluation Method | Instructor | Meeting Days/Times | Room | ||
|---|---|---|---|---|---|---|---|
| 245.02 | 4 |
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Lisa Kern Griffin | MWTh 2:00-3:15 PM | 3037 | ||
This course covers the limitations on the information that can be introduced in court codified in the Federal Rules of Evidence. We will take up the issue of relevance, including the rules concerning the balance between the probative value and the prejudicial impact of evidence and the special problems of character and credibility. We will also address the rules pertaining to the reliability of evidence, including the prohibition against hearsay and its many exceptions, the constitutional constraints on the testimony offered during criminal trials, scientific and expert testimony, and authentication. The course touches on evidentiary privileges as well. Professor Griffin will focus on the text, legislative history, and common law roots and development of the rules. "Readings" in her course include cases, problems, some theoretical materials, and film. Professor Beskind will primarily assign readings in a treatise rather than individual cases. In his class, students will work from two case files, one criminal and one civil, taking the role of advocates and arguing the evidentiary principles being studied as they arise in the cases. Pre/Co-requisitesNoneEnrollment RestrictionsNone |
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Spring 2017
| Course Number | Course Credits | Evaluation Method | Instructor | Meeting Days/Times | Room | ||
|---|---|---|---|---|---|---|---|
| 245.01 | 4 |
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Donald H. Beskind | MWTh 9:00-10:15 AM | 3043 | ||
This course covers the limitations on the information that can be introduced in court codified in the Federal Rules of Evidence. We will take up the issue of relevance, including the rules concerning the balance between the probative value and the prejudicial impact of evidence and the special problems of character and credibility. We will also address the rules pertaining to the reliability of evidence, including the prohibition against hearsay and its many exceptions, the constitutional constraints on the testimony offered during criminal trials, scientific and expert testimony, and authentication. The course touches on evidentiary privileges as well. Professor Griffin will focus on the text, legislative history, and common law roots and development of the rules. "Readings" in her course include cases, problems, some theoretical materials, and film. Professor Beskind will primarily assign readings in a treatise rather than individual cases. In his class, students will work from two case files, one criminal and one civil, taking the role of advocates and arguing the evidentiary principles being studied as they arise in the cases. Pre/Co-requisitesNoneEnrollment RestrictionsNone |
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Fall 2016
| Course Number | Course Credits | Evaluation Method | Instructor | Meeting Days/Times | Room | ||
|---|---|---|---|---|---|---|---|
| 245.02 | 4 |
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Lisa Kern Griffin | MWTh 1:45-3:00 PM | 3043 | ||
This course covers the limitations on the information that can be introduced in court codified in the Federal Rules of Evidence. We will take up the issue of relevance, including the rules concerning the balance between the probative value and the prejudicial impact of evidence and the special problems of character and credibility. We will also address the rules pertaining to the reliability of evidence, including the prohibition against hearsay and its many exceptions, the constitutional constraints on the testimony offered during criminal trials, scientific and expert testimony, and authentication. The course touches on evidentiary privileges as well. Professor Griffin will focus on the text, legislative history, and common law roots and development of the rules. "Readings" in her course include cases, problems, some theoretical materials, and film. Professor Beskind will primarily assign readings in a treatise rather than individual cases. In his class, students will work from two case files, one criminal and one civil, taking the role of advocates and arguing the evidentiary principles being studied as they arise in the cases. Pre/Co-requisitesNoneEnrollment RestrictionsNone |
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Spring 2016
| Course Number | Course Credits | Evaluation Method | Instructor | Meeting Days/Times | Room | ||
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| 245.02 | 4 | Kenworthey Bilz | MWTh 3:45-5:00 PM | 3043 | |||
This course covers the limitations on the information that can be introduced in court codified in the Federal Rules of Evidence. We will take up the issue of relevance, including the rules concerning the balance between the probative value and the prejudicial impact of evidence and the special problems of character and credibility. We will also address the rules pertaining to the reliability of evidence, including the prohibition against hearsay and its many exceptions, the constitutional constraints on the testimony offered during criminal trials, scientific and expert testimony, and authentication. The course touches on evidentiary privileges as well. Professor Griffin will focus on the text, legislative history, and common law roots and development of the rules. "Readings" in her course include cases, problems, some theoretical materials, and film. Professor Beskind will primarily assign readings in a treatise rather than individual cases. In his class, students will work from two case files, one criminal and one civil, taking the role of advocates and arguing the evidentiary principles being studied as they arise in the cases. Pre/Co-requisitesNoneEnrollment RestrictionsNone |
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