Table of Contents -- Evidence: A Structured Approach

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x Contents a. Introduction: Tangible Evidence 45 b. Authentication 46 i. Introduction 47 ii. Authentication of Photographs 49 iii. Authentication Through Chain of Custody 51 iv. Examples of Authentication under Rule 901(b)—Problems Posed by New Technologies 54 United States v. Simpson 54 United States v. Jackson 56 v. Self-authentication 58 c. The Best Evidence Rule 62 i. The Basic Rule 62 ii. Exceptions to the Best Evidence Rule 64 4. Judicial Notice 66 a. Adjudicative Facts 66 Rae v. State 69 b. Judicial Notice of Law 71 c. Judicial Notice of Legislative Facts 72 5. Burdens of Proof and Presumptions: An Introduction 75 Chapter 2: Relevance 77 A. The Definition of Relevant Evidence 77 1. The Basic Definition 77 2. Relevance Distinguished from Probative Value 79 3. Materiality 79 4. A Closer Look at the Reasoning Process 80 State v. Jaeger 82 B. Balancing Probative Value Against Dangers 89 1. Introduction 89 2. The “Probative Value” Side of the Equation 90 3. The “Dangers” Side of the Equation 90 4. Conducting the Balance 92 Feaster v. United States 93 C. Undisputed Facts 97 Old Chief v. United States 98 D. Probabilistic Evidence 106 Adams v. Ameritech Services, Inc. 108 David H. Kaye, Science in Evidence 113 United States v. Shonubi 113 E. A Special Application of Relevance Doctrine: Preliminary Questions of Fact 115 1. Introduction: The Court’s Involvement in Fact-finding 116 2. Preliminary Questions of Fact: General Doctrine 116 3. Preliminary Questions of Fact: Conditional Relevancy 118
Contents xi 4. Comparing the Court’s Role in Cases Falling into Rule 104(a) with Its Role in Cases Governed by Rule 104(b) 120 5. What If a Preliminary Fact Is the Same as an Ultimate Fact the Jury Must Decide 122 6. Caveats 123 Chapter 3: The Hearsay Rule 129 A. Introduction: The Idea Behind the Hearsay Rule 129 B. The Rule 134 1. “Statement” 135 2. “Declarant” 136 3. Statement Made “Other Than While Testifying at the Trial or Hearing” 138 4. Statement “Offered in Evidence to Prove the Truth of the Matter Asserted” 139 C. Utterances and Conduct That Are Not Hearsay 143 1. Situations in Which the Utterance or Conduct Constitutes “Words of Independent Legal Significance” or “Verbal Acts” 143 2. Situations in Which the Value of the Evidence Derives from the Fact That Words Were Spoken, Not from the Truth of the Matter Asserted 145 3. Situations in Which the Words Are Being Offered to Show Their Effect on the Listener Rather Than to Prove the Truth of the Matter Asserted 146 4. Situations in Which the Words or Conduct Constitute Circumstantial Evidence of the Declarant’s State of Mind 149 Shepard v. United States 153 5. Situations in Which Words or Conduct Are Not Assertive or Are Assertive of Something Other Than What They are Offered to Prove 156 D. An Alternative Model of Hearsay 160 E. A Caveat: Other Statements That Are Not Hearsay under Rule 801 162 F. Hearsay within hearsay 163 G. Hearsay Versus Personal Knowledge Objections 164 H. Review: Hearsay or Not Hearsay 166 I. Rationales for Exceptions to and Exemptions from the Hearsay Rule 171 J. Exemptions from the Hearsay Rule: Party Admissions 173 1. Simple Party Admissions 173 2. Adoptive Admissions 176
Page 1: CONTENTS Preface xxi Chapter 1: The
Page 5 and 6: Contents xiii e. Comparison to Part
Page 7 and 8: Contents xv 4. Meaning of “Neglig
Page 9 and 10: Contents xvii G. Impeachment by Con
Page 11: Contents xix Monica S. Lewinsky, Te

Table of Contents -- Evidence: A Structured Approach

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