245.03 Evidence

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.

Fall 2021

Course Number Course Credits Evaluation Method Instructor
Course Credits
Final Exam
Class participation
Brandon L. Garrett
Sakai site: https://sakai.duke.edu/portal/site/LAW.245.03.F21
Email list: LAW.245.03.F21@sakai.duke.edu
Degree Requirements
Course Requirements - JD
Course Requirements - LLM
Course Requirements - Public Interest
Course Areas of Practice