This treatise is used by attorneys and judges throughout California as a comprehensive resource on evidentiary and constitutional issues. It is unique in its approach with numerous checklists, courtroom scripts and easy-reference charts.
The California Guide to Criminal Evidence, currently in its 8th edition, is the one publication in California that provides a systematic approach for practitioners and judicial officers to efficiently address evidentiary and constitutional issues during a trial or motion hearing. Complete with federal and state case and statutory law, legal commentary, and comprehensive easy-to-access flowcharts and tables, the California Guide to Criminal Evidence is the primary resource a litigator will need to accurately resolve complex evidentiary or constitutional questions, and effectively introduce an item for admission into evidence - and get it admitted by the court. It is also functional and compact in that it was created to be brought to court along with counsel's trial binder and materials to be used when quick answers are required concerning evidentiary matters.
The California Guide to Criminal Evidence was designed as a practice guide to assist attorneys navigate through the maze of legal issues that surface during a proceeding with ease, speed, and precision. Although organized with a criminal law emphasis, the California Guide to Criminal Law Evidence has been widely used by both civil and criminal law practitioners, judges, and law professors. Unlike other evidence treatises on the market, the California Guide to Criminal Evidence was written for new and experienced litigators, complete with in-depth legal analysis and commentary, practice charts and tables, sample scripts, and scholarly and practical insight from an experienced criminal and civil trial judge. It highlights what judges look for and expect from counsel when seeking to intro- duce specific items of evidence for admission - and how to respond to a judge's questions swiftly, concisely, and with applicable legal reasoning.
While other books on the market cover evidence and constitutional issues separately, the California Guide to Criminal Evidence does both - for one affordable price far below the cost of other texts offering less content. And while competitor publications focus primarily on California state cases, the California Guide to Criminal Evidence contains a comprehensive examination of the Federal Rules of Evidence and U.S. Supreme Court and Ninth Circuit Court of Appeals decisions. And the California Guide to Criminal Evidence can be purchased in print version or eBook format. There is simply no equal to this unique practice resource on the market today.
* Chapter 1: Relevance. Is the evidence relevant?
* Chapter 2: Foundation. Can the necessary foundation be established for the evidence?
* Chapter 3: Hearsay. Does the evidence constitute hearsay and, if so, does it fall within a recognized exception to the hearsay rule?
* Chapter 4: Statutory Limits on Particular Evidence. Is the evidence subject to exclusion or limitation under evidentiary rules related to character evidence, impeachment, or privilege?
* Chapter 5: Exclusion of Evidence on Constitutional Grounds. Is the evidence subject to exclusion under the Fourth, Fifth, or Sixth Amendment to the U.S. Constitution?
* Chapter 6: Discretionary Exclusion Under Evid. C. 352. Can the evidence survive exclusion under Evidence Code 352?
* Chapter 7: Preliminary Fact Determinations. Does the admissibility of a particular item of evidence depend on the existence or nonexistence of some other fact?
* Chapter 8: Burdens & Presumptions. Are there any burdens of proof or presumptions applicable to a fact or issue in the case?
It's David versus Goliath when computer giant BMI sues startup Minicom for damages when a shipment of components that BMI sent to Minicom is lost. BMI claims that Minicom bore the risk of loss; it is suing to recover for breach of contract. Minicom claims it directed BMI to obtain insurance on the shipment and that BMI's failure to do so breached the contract, causing the loss of past and future profits.
One of NITA's most popular cases, this well-balanced file has been updated with electronic evidence. BMI provides ample material for basic and advanced advocacy training with two witnesses for both plaintiff and defendant in the deposition version. The trial version includes one optional economics expert for each side. BMI is available as a trial file, or as deposition files with Plaintiff, Defendant, and Faculty versions, each sold separately.
New to the Revised 11th Edition:
It starts off by laying the foundation of expert witness report writing. It demonstrates the difference between electronic discovery productions and writing an expert forensic report. The forensic report not only contains the basics that should be in any report, but also the expert's opinions, which are based on factual objective findings.
This book contains the following sections:
Starting Your Analysis
There are many ways to start the analysis and this section provides some structure to help quickly triage the analysis. By walking the path, the examiner can quickly pick up on how a person used the computer, which provides direction for follow-up analysis. Use of virtual environment software, such as VMware, can be an extremely valuable aid during the analysis and for providing a demonstrative exhibit.
Case Study
To help prepare for the report writing section, a sample case study is provided. This case walks through potentially relevant information that was discovered through the forensic analysis. Screenshots are used throughout the study to help provide a visual depiction and bring the case to life.
Writing Your Report
A sample format of an expert witness report is provided as a roadmap to prepare the expert report. The report writing process is completed by using the information from the case study.
Inside The Courtroom
At some point in the forensic examiner's career, the examiner may be called upon to testify in court. This section provides some helpful insight as to what to expect during trial and the types of questions may be asked during cross-examination.
The Appendix of this handbook provides additional sample reports as guides to offer examples for organizing and formatting forensic reports. Additionally, it provides a case study to demonstrate timeline analysis, which can help to connect other events and people behind the keyboard.
This newly revised 2023 Edition of the Florida Evidence Code now contains both Chapter 90 and Chapter 92 of Title VII of Florida Statutes. Chapter 90 is the Evidence Code and Chapter 92 covers evidence regarding witnesses, records, and documents. This handy pocket version of the Florida Evidence Code (5 x 8), is as amended through February 1, 2023.
Contents:
Winner of the Scribes Book Award
Displays a level of intellectual honesty one rarely encounters these days...This is delightful stuff.Any law school graduate will tell you that when picking your outline tool you need to pick the best because your outlines are the most important study tool you will use throughout your law school career. Developed by legendary study aid author Steve Emanuel, Emanuel(R) Law Outlines (ELOs) are the #1 outline choice among law students.
An ELO ensures that you understand the concepts as you learn them in class and helps you study for exams throughout the semester. Here's why you need an ELO from your first day of class right through your final exam:
New to the Tenth Edition:
A handy pocket version of the California Evidence Code (5 x 8), as amended through January 1, 2023. A perfect quick reference for your desk or briefcase, for both attorneys and law school students.
Contents:
Thousands of students use our study aids to prepare for law school exams and pass the bar! Passing the bar is essential for admission to practice law and launching your legal career.
This preparation guide describes the principles of substantive law governing the correct answers to evidence exam questions. It was developed by legal professionals and law instructors who possess extensive credentials and have been admitted to practice law in several jurisdictions. The content is clearly presented and systematically organized for targeted preparation.
The performance on individual questions has been correlated with success or failure on the bar. By analyzing previously administered exams, the authors identified these predictive items and assembled the rules of law that govern the answers to questions tested. Learn the essential governing law to make fine-line distinctions among related principles and decide between tough choices on the exam. This knowledge is vital to excel in law school finals and pass the bar exam.
Language Crimes tells the story of some of the remarkable criminal court cases in which Roger Shuy has served as a consultant or expert witness. These intriguing cases show how linguistic analysis can help the courts unravel the ambiguities of taped conversations used in evidence.