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%).
All videos are posted on my YouTube channel (on the “Evidence” playlist).
|No.||Description||Pre-Video Reading||Date Posted|
|Admin 01||Introduction to Summer 2018 Class and Administrative Matters||N/A||05/29/2018|
|Class 01||Introduction. 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; 1-17||05/29/2018|
|Class 02||Relevance and the Exclusion of Relevant Evidence. Relevance. Exclusion of Relevant Evidence.||19-33||05/30/2018|
|Class 03||Competency 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 04||Direct Examination. Mode and Order of Interrogation. Refreshing Recollection. Principle of Completeness. Exclusion and Separation of Witnesses.||57-75||06/03/2018|
|Class 05||Hearsay. The Hearsay Rule.||77-110||06/04/2018|
|Class 06||Hearsay. Prior Statement by Witness. Admission by Party-Opponent. Statements by Co-Conspirator. Judicial and Evidentiary Admissions.||110-42||06/06/2018|
|Class 07||Hearsay. Hearsay Exceptions; Availability of Declarant Immaterial. Overview. Present Sense Impression. Excited Utterance. Then-Existing Personal Condition. Statements for Medical Diagnosis or Treatment.||143-60||06/07/2018|
|Class 08||Hearsay. Hearsay Exceptions; Availability of Declarant Immaterial. Recorded Recollection. Business Records. Public Records. Vital Records.||160-85||06/08/2018|
|Class 09||Hearsay. Hearsay Exceptions; Availability of Declarant Immaterial. Religious Records. Certificates of Ceremonies. Family Records. Property Records. Ancient Documents. Market Reports. Learned Treatises. Reputation Testimony. Judgments.||185-202||06/09/2018|
|Class 10||Hearsay. Hearsay Exceptions; Declarant Unavailable. Overview. “Unavailable” Defined. Former Testimony.||202-15||06/10/2018|
|Class 11||Hearsay. Hearsay Exceptions; Declarant Unavailable. Dying Declaration. Statement Against Interest. Statement of Family History. Forfeiture by Wrongdoing.||215-31||06/12/2018|
|Class 12||Hearsay. Hearsay Exceptions; Hearsay Within Hearsay; Attacking and Supporting the Declarant's Credibility; Residual Exception.||231-51||06/13/2018|
|Class 13||Hearsay. The Confrontation Clause.||251-71||06/15/2018|
|Class 14||Authenticating or Identifying Evidence. General Provision. Illustrative Testimonial Foundations.||273-95||06/17/2018|
|Class 15||Authenticating or Identifying Evidence. Evidence That is Self-Authenticating. Subscribing Witness’s Testimony.||295-313||06/18/2018|
|Class 16||The Original Writing (Best Evidence) Rule. Introduction. Nature of an Original. Duplicates. Requirement of the Original. Admissibility of Duplicates.||315-30||06/20/2018|
|Class 17||The 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 18||Opinions and Expert Testimony. Introduction. Opinion Testimony by Lay Witness. Testimony by Expert Witness.||345-56|
|Class 19||Opinions and Expert Testimony. Testimony by Expert Witness. Bases of Expert’s Opinion. Disclosing Underlying Data. Opinion on Ultimate Issue.||356-79|
|Class 20||Opinions and Expert Testimony. Testimony by Expert Witness. Reliability “Gatekeeping.” Subjects of Expert Testimony. Court-Appointed Experts.||379-406|
|Class 21||Character, Habit and Routine Practice. Habit and Routine Practice. Character Evidence. Circumstantial Use. Method of Proving Character. Character as an Element.||407-35|
|Class 22||Character, Habit and Routine Practice. Character Evidence. Crimes Wrongs, or Other Acts.||435-50|
|Class 23||Character, 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 24||Real 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 25||Cross-Examination, Impeachment and Refutation. Cross-Examination. Impeachment.||493-514|
|Class 26||Cross-Examination, Impeachment and Refutation. Impeachment. Modes of Impeachment.||514-41|
|Class 27||Cross-Examination, Impeachment and Refutation. Impeachment. Modes of Impeachment. Refutation.||541-88|