LexisNexis公司原版简明美国法律教程[全九本word精校版]之一 证据法.doc

[Note: Numbers in brackets refer to the printed pages of HYPERLINK /bookstore/catalog?action=productprod_id=44073 \t _blank Understanding Evidence by Paul C. Giannelli where the topic is discussed.] LexisNexis Area of Law Summary Evidence SEQ CHAPTER \h \r 1 Chapter 1 OVERVIEW § 1.01 Introduction [1] The rules of evidence govern how we go about the task of attempting to determine at trial what occurred in the past, often under circumstances of uncertainty. § 1.02 Proof at Trial [1-4] In the common law system, proof typically comes in the form of witness testimony – testimonial proof. Proof may also consist of documentary evidence (e.g., written contract) or “real” evidence (e.g., murder weapon). Photographs, models, blackboards, and charts may be used to illustrate testimony – demonstrative evidence. In some cases, a witness may exhibit a scar or amputated arm to show the jury the result of an accident (in-court exhibition), or, perhaps show how she can no longer walk without a limp (in-court demonstration). § 1.03 Law of Evidence [4-8] Evidence law may be divided into three major categories: (1) rules governing the substantive content of evidence, (2) rules governing witnesses, and (3) substitutes for evidence. [A] Rules Governing the Content of Evidence [1] Relevance Rules Character evidence Other acts evidence Habit evidence Insurance evidence [2] Competence Rules [a] Rules Based on Reliability Concerns Hearsay rule “Best evidence” rule [b] Rules Based on External Policies Privileges (e.g., attorney-client) Quasi privileges (e.g., subsequent remedial measures) [B] Rules Governing Witnesses [1] Competency of Witnesses [2] Examination of Witnesses [3] Types of Witnesses [a] Lay Witnesses [b] Expert Witnesses [4] Credibility of Witnesses [C] Substitutes For Evidence Judicial notice of fact Stipulations of fact § 1.04 Federal Rules of Evidence [8-10] The Federal Rules of Evidence were