Emanuel法律概要

出版时间：2004-12  出版社：Aspen Pub  作者：Emanuel, Steven  页数：628  

内容概要

The most trusted name in law school outlines, Emanuel Law Outlines support your class preparation, provide reference for your outline creation, and supply a comprehensive breakdown of topic matter for your entire study process. Created by Steven Emanuel, these course outlines have been relied on by generations of law students. Each title includes both capsule and detailed versions of the critical issues and key topics you must know to master the course. Also included are exam questions with model answers, an alpha-list of cases, and a cross reference table of cases for all of the leading casebooks.

书籍目录

PrefaceCasebook Correlation ChartCapsule SummaryChapter 1 BASIC CONCEPTS  Ⅰ. FIRST PRINCIPLES    A. Only admissible evidence usable    B. Roles of judge and jury    C. The Federal Rules  Ⅱ. ORGANIZATION OF THE TRIAL    A. Flow of the case    B. Examination of witnesses      1. Four stages      2. Sequestration of witnesses  Ⅲ. MAKING AND RESPONDING TO OBJECTIONS    A. Making objections    B. Time for objection    C. General vs. specific objections    D. Taking of "exceptions"    E. Offer of proof    F. The "plain error" and "harmless error" doctrines  Ⅳ.  COMPETENCY    A. Meaning    B. General common-law approach    C. Modern approach      1. Presumption of competence      2. Federal Rules      3. Dead Man's Statutes   Exam Tips on   BASIC CONCEPTSChapter 2 RELEVANCE  Ⅰ. RELEVANCE GENERALLY    A. All relevant evidence admitted    B. Two aspects of relevance      1. Link One (probative relationship)      2. Link Two (materiality)      3. Rule 401    C. "Direct" vs. "circumstantial" evidence  Ⅱ PROBATIVE VALUE    A. The problem generally    B. Experience and logic, not law    C. Chain of inference  Ⅲ PREJUDICE, CONFUSION, AND WASTE OF TIME    A. "Counterweights" to relevance    B. Prejudice      1. Comparison standard      2. Gruesome photos      3. Evidence of other crimes    C. Confusion    D. Waste of time    E. No "unfair surprise"    F. Standard for appellate review  Quiz Yourself on  RELEVANCE  Exam Tips on  RELEVANCEChapter 3 CIRCUMSTANTIAL PROOF:SPECIAL PROBLEMS  Ⅰ CHARACTER EVIDENCE IN GENERAL    A. Nature of the problem  Ⅱ CHARACTER IN ISSUE    A. General rule    B. Federal Rules    C. Rare    D. Type of evidence  Ⅲ CHARACTER AS CIRCUMSTANTIAL EVIDENCE—GENERALLY  Ⅳ USE OF CIRCUMSTANTIAL CHARACTER EVIDENCE IN CIVIL CASES    A. General rule  ……Chapter 4 EXAMINATION AND IMPEACHMENT OF WITNESSESChapter 5 HEARSAYChapter 6 EXCEPTIONS TO THE HEARSAY RULEChapter 7 CONFRONTATION AND COMPULSORY PROCESSChapter 8 PRIVILEGESChapter 9 REAL AND DEMONSTRATIVE EVIDENCE,INCLUDING WRITINGSChapter 10 OPINIONS,EXPERTS,AND SCIENTIFIC EVIDENCEChapter 11 BURDENS OF PROOF,PRESUMPTIONS,AND OTHER PROCEDURAL ISSUESChapter 12 JUDICIAL NOTICEMULTISTATE-STYLE EXAM QUESTIONSMULTISTATE-STYLE EXAM ANSWERSTABLE OF CASESTABLE OF REFERENCES TO THE FEDERAL RULES OF EVIDENCESUBJECT MATTER INDEX