Evidence Class—Summer 2018


This course involves a treatment of the rules of evidence, the qualifications and impeachment of witnesses, the opinion rule, admissions and confessions, rules relating to writings, the hearsay rule and its exceptions, privileged relations, burden of proof, presumptions, and judicial notice.

For a PDF version of the class syllabus, click here: Ciolino Evidence Syllabus for Graham Casebook Online Course, Summer 2018.


We will use the following book during this course: Michael H. Graham, Evidence: A Problem, Lecture and Discussion Approach (4th ed. 2015) (CasebookPlus ISBN: 9781634595391). It is important to get the “CasebookPlus” version of this book; it contains on-line quizzes that will be assigned during the course. To purchase the book directly from West Academic, click here: Graham, Evidence—CaseBook Plus 4th Edition.  If you have already purchased a used hard-copy book, you can purchase the “digital-only option” of this title from West Academic.

There is no “statutory supplement” or “rules supplement”; all rules and statutes are in the principal text. However, most students find it helpful to have a small booklet containing the Federal Rules of Evidence.

Communication and Discussion

We will use Slack to communicate and share discussions and materials during this Summer 2018 class. We will use this instead of Blackboard. Please sign up here: Join Slack for Prof. Ciolino’s Evidence Class.


Your course grade will be based on a final exam (80%), and on your performance on the chapter quizzes administered through CasebookPlus (20%).

Video Lectures

All videos are posted on my YouTube channel (on the “Evidence” playlist).


No.DescriptionPre-Video ReadingDate Posted
Admin 01Introduction to Summer 2018 Class and Administrative MattersN/A05/29/2018
Class 01Introduction. The Structure of the Trial. Order of Proceedings. Types of Evidence. Preliminary Questions of Admissibility. Hearing of Jury. Limited Admissibility. Judicial Discretion. Scope, Definitions and Applicability.iii-vi; 1-1705/29/2018
Class 02Relevance and the Exclusion of Relevant Evidence. Relevance. Exclusion of Relevant Evidence.19-3305/30/2018
Class 03Competency of Lay Witnesses. General Rule of Competency. The Requirement of Personal Knowledge. Oath or Affirmation; Interpreters. Competency of Judge as Witness. Competency of
Juror as Witness. Competency and Propriety of Lawyer for a Party as a Witness at Trial.
Class 04Direct Examination. Mode and Order of Interrogation. Refreshing Recollection. Principle of Completeness. Exclusion and Separation of Witnesses.57-7506/03/2018
Class 05Hearsay. The Hearsay Rule.77-11006/04/2018
Class 06Hearsay. Prior Statement by Witness. Admission by Party-Opponent. Statements by Co-Conspirator. Judicial and Evidentiary Admissions.110-4206/06/2018
Class 07Hearsay. Hearsay Exceptions; Availability of Declarant Immaterial. Overview. Present Sense Impression. Excited Utterance. Then-Existing Personal Condition. Statements for Medical Diagnosis or Treatment.143-6006/07/2018
Class 08Hearsay. Hearsay Exceptions; Availability of Declarant Immaterial. Recorded Recollection. Business Records. Public Records. Vital Records. 160-8506/08/2018
Class 09Hearsay. Hearsay Exceptions; Availability of Declarant Immaterial. Religious Records. Certificates of Ceremonies. Family Records. Property Records. Ancient Documents. Market Reports. Learned Treatises. Reputation Testimony. Judgments.185-20206/09/2018
Class 10Hearsay. Hearsay Exceptions; Declarant Unavailable. Overview. “Unavailable” Defined. Former Testimony.202-1506/10/2018
Class 11Hearsay. Hearsay Exceptions; Declarant Unavailable. Dying Declaration. Statement Against Interest. Statement of Family History. Forfeiture by Wrongdoing.215-3106/12/2018
Class 12Hearsay. Hearsay Exceptions; Hearsay Within Hearsay; Attacking and Supporting the Declarant's Credibility; Residual Exception.231-5106/13/2018
Class 13Hearsay. The Confrontation Clause.
Class 14Authenticating or Identifying Evidence. General Provision. Illustrative Testimonial Foundations.273-9506/17/2018
Class 15Authenticating or Identifying Evidence. Evidence That is Self-Authenticating. Subscribing Witness’s Testimony.295-31306/18/2018
Class 16The Original Writing (Best Evidence) Rule. Introduction. Nature of an Original. Duplicates. Requirement of the Original. Admissibility of Duplicates.315-3006/20/2018
Class 17The Original Writing (Best Evidence) Rule. Admissibility of Other Evidence of Content. No Degrees of Secondary Evidence. Copies of Public Records to Prove Content. Summaries to Prove Content. Testimony or Statement of a Party to Prove Content. Functions of Court and Jury.330-43
Class 18Opinions and Expert Testimony. Introduction. Opinion Testimony by Lay Witness. Testimony by Expert Witness.345-56
Class 19Opinions and Expert Testimony. Testimony by Expert Witness. Bases of Expert’s Opinion. Disclosing Underlying Data. Opinion on Ultimate Issue.356-79
Class 20Opinions and Expert Testimony. Testimony by Expert Witness. Reliability “Gatekeeping.” Subjects of Expert Testimony. Court-Appointed Experts.379-406
Class 21Character, Habit and Routine Practice. Habit and Routine Practice. Character Evidence. Circumstantial Use. Method of Proving Character. Character as an Element.407-35
Class 22Character, Habit and Routine Practice. Character Evidence. Crimes Wrongs, or Other Acts.435-50
Class 23Character, Habit and Routine Practice. Sex Offense Cases: The Victim’s Sexual Behavior or Predisposition. Similar Crimes in Sexual-Assault and Child Molestation Cases.450-71
Class 24Real and Demonstrative Evidence, Experiments and Views. An Overview. Relevancy. Real Evidence. Demonstrative Evidence. Courtroom and Out of Court Demonstrations. Experiments. View by Trier of Fact.473-92
Class 25Cross-Examination, Impeachment and Refutation. Cross-Examination. Impeachment.493-514
Class 26Cross-Examination, Impeachment and Refutation. Impeachment. Modes of Impeachment.514-41
Class 27Cross-Examination, Impeachment and Refutation. Impeachment. Modes of Impeachment. Refutation.541-88
Class 28TBATBA