Evidence Law Resource Guide

This selective guide highlights selected major print and electronic resources available to Cleveland-Marshall College of Law students researching issues in Evidence Law. Please contact the Research Services librarians during their regularly scheduled hours , or via email to research services@law.csuohio.edu for help in locating these or other resources to meet your needs.

Some of the links below lead to Westlaw and LexisNexis files, which require a valid student password for access. Some link to records in the Cleveland State University Libraries catalog, SCHOLAR. Use your browser's back button to return to this page.

Introduction

Rules and Case law

Major Treatises and Practice Guides

Study Aids

Searching Scholar and OhioLINK

Journal Articles and Current Awareness Services

Aggregate Files and Other Web Resources

Introduction : Evidence Law concerns the application of the rules by which a court determines the admissability of evidence at trial.  Issues include relevancy, direct questions, cross-examination, opinion rule, best evidence rule, hearsay rule and its exceptions, inferences, presumptions, burden of proof, judicial notice, expert testimony, scientific and demonstrative evidence, Federal Rules of Evidence.

Rules and Case law

Federal Rules of Evidence 2004 (Provided by the Legal Information Institute)

Federal Rules of Evidence,  December 1, 2003 (US House Judiciary Committee)

Proposed Rules Amendments Published for Comment (Federal Judicial Center)

Uniform Rules of Evidence Act 1999  National Conference of Commissioners of State Laws (Provided by University of Pennsylvania Law School)

Uniform Rules of Evidence Locator (Provided by the Legal Information Institute) - Links to state evidence codes that correspond to the Uniform Rules of Evidence.

State Statutes on Evidence (Legal Information Institute)

Ohio Rules of Court - Rules of Evidence  Provided by the Ohio Supreme Court  - includes staff notes.

US Supreme Court Cases on Evidence Law (Legal Information Institute)

LexisNexis - Federal and State Evidence Cases Selected federal and state caselaw on evidence related matters, including U.S. Supreme Court, U.S. Courts of Appeals, Federal District
Courts and state courts.  See also Federal Evidence Cases , selected Federal cases that address evidence issues, and State Evidence Cases , which contains all cases that address evidence issues from all available Supreme Court, Courts of Appeals, selected trial and miscellaneous court decisions from all states, the Virgin Islands, and the District of Columbia.

Westlaw:   See Key Number Service Topics ( Topical Materials by Area of Practice - Litigation - Civil Procedure and Evidence  - Federal and State Cases ) General Civil Procedure & Evidence topics

Federal Rules of Evidence Service ; Federal Rules of Evidence Digest.  Callaghan/ Thomson West, c1979- KF8935 .F4

Weissenberger's Ohio Evidence Case Service. Anderson Pub. Co., c1996 - KFO540 .W43 1996

Major Treatises and Practice Guides

Selected significant treatises and practice guides in the Law Library collection which provide a foundation in issues of evidence law include the following:

American Jurisprudence Proof of Facts, Annotated 3d ed / West,1988--  KF8933 .A43  (Also, Westlaw )

Courtroom Evidence Handbook. Thomson/West, 1995- KF8935 .C697

Evidence in Trials at Common Law / by John Henry Wigmore.  Little-Brown/Aspen, KF8935 .W531

The New Wigmore : a Treatise on Evidence / Richard D. Friedman, general editor. Aspen Law & Business, c2002- KF8935.W54 L47

Evidentiary Foundations  5th ed. / Edward J. Imwinkelried. LexisNexis, c2002  KF8935 .I45 2002

Federal Evidence 2d ed. / by Christopher B. Mueller and Laird C. Kirkpatrick. Lawyers Cooperative Pub./Aspen, 1994- KF8935 .L68 1994  (Also, Westlaw)

Federal Rules of Evidence 3d ed. / by Paul F. Rothstein. West Group, c2002-  Annual KF8935 .R66 (Also, Westlaw)

Federal Rules of Evidence Manual 8th ed. / by Stephen A. Saltzburg, Michael M. Martin, Daniel J. Capra. LexisNexis, c2002  KF8935 .S24 2002  (Also, Lexis)

Handbook of Federal Evidence 5th ed / by Michael H. Graham . West Group, 2001  KF8935 .G68 2001

McCormick on Evidence 5th ed. / by John William Strong, general editor ; contributing authors, Kenneth S. Broun ... [et al.] West Group, 1999 KF8935 .M29 1999

Modern Scientific Evidence : the Law and Science of Expert Testimony 2d. ed/ by David L. Faigman ... [et al.] West Group, 2002 KF8961 .M63 2002 

Reference Manual on Scientific Evidence 2d ed. /Federal Judicial Center, 2000  KF8935 .W39 1997    (Also, Westlaw)

Scientific Evidence 3d ed. / Paul C. Giannelli, Edward J. Imwinkelried. Lexis Law Publishing, c1999 KF8961 .G53 1999  (Also, Lexis)

Weinstein's Federal Evidence : Commentary on Rules of Evidence for the United States Courts 2d ed. / general editor, Joseph M. McLaughlin ; original authors, Jack B. Weinstein , Margaret A. Berger. M. Bender, 1997- KF8935 .W39 1997

Ohio:

Giannelli Snyder Evidence / by Paul C. Giannelli and Barbara Rook Snyder. Banks-Baldwin/West, 1996- KFO540 .G52 1996

Giannelli Snyder Rules of Evidence Handbook.  West, 1996 - Annual. KFO540 .G53

Ohio Rules of Evidence Trial Book; Objections, Offers of Proof, Rulings on the Record, and Limited Instructions / by Janet R. Burnside, Louis A. Jacobs, Stephen A. Saltzburg. Lexis Law Pub., c1999 KFO540 .B85 1999    (Also, Lexis)

Weissenberger's Ohio Evidence Treatise / Glen Weissenberger, with assistance from Brenda N. Dunlap, Mark E. Elsener. Anderson Pub. Co., 1996-  KFO540 .W44 1996  (Also, Lexis)

Weissenberger's Ohio Evidence ... Courtroom Manual. Anderson Pub. Co., c1990-  Annual. KFO540 .W447  (Also, Lexis)

Study Aids

Ohio Board of Bar Examiners, Outline of Subjects Tested on Essay Portion of Ohio Bar Examination (Columbus, OH: Supreme Court of Ohio 1984-) KFO 76 .Z9 O8546 Outlines the subjects tested on the essay portion of the Ohio Bar Examination in order to provide a guide to bar examiners in drafting the essay questions. The Evidence section in the November 2002 edition provides citations to legal authorities in evidence law as a convenience to the bar examiners and includes outlines for General Rules of Applicability and Construction, Judicial Notice, Burden of Production, Relevancy, Privileged Communications, Witnesses, Competency and Examination of Witnesses, Opinions and Expert Witnesses, Hearsay Rule and its Exceptions, Authentification and Identification, and  Best Evidence Rule and Demonstrative Evidence

McCormick on Evidence 5th ed. / by John W. Strong, general editor ; contributing authors, Kenneth S. Broun ... [et al.]  West Group, 1999  KF8935 .M29 1999b "An abridgement of McCormick on evidence, fifth edition, volumes 1 & 2. Practitioner treatise series."

Evidence Law : A Student's Guide to the Law of Evidence as Applied to American Trials  2nd ed. / by Roger C. Park, David P. Leonard, Steven H. Goldberg. West Group, 2004 In process

Evidence / by Michael H. Graham. Thomson/West, c2003 KF8935.Z9 G69 2003

Evidence : Examples and Explanations 5th ed. / Arthur Best. Aspen, c2004 KF8935.Z9 B48 2004

Evidence in a Nutshell 4th ed. / by Paul F. Rothstein, Myrna S. Raeder, David Crump Thomson/West, c2003 KF8935.Z9 R6 2003

Federal Rules of Evidence in a Nutshell 6th ed. / by Michael H. Graham. Thomson West, c2003 KF8935.Z9 G7 2003 

Questions & Answers : Evidence / by David P. Leonard. LexisNexis, c2003 KF8935.Z9 L46

2003

A Student's Guide to Hearsay 2d ed. / by Clifford S. Fishman. M. Bender, 1999 KF8969.Z9 F57 1999

CALI (Computer-Assisted Legal Instruction) Tutorials :

The following list from the CALI Library of Lessons highlights evidence law tutorials available to Cleveland-Marshall College of Law Students. You must register a personal password with CALI to use these tutorials. (If you are a Cleveland-Marshall College of Law Student, and have not yet accessed CALI via our Law School subscription, Students click here ).

Evidence tutorials:

Hearsay

The Concept of Hearsay

The Confrontation Clause

The Definition of Hearsay and the Federal Rules

Federal Rule 801(d) and Multiple Hearsay

Four FRE 803 Hearsay Exceptions: Availability Immaterial

Hearsay Exceptions: Rules 803 and 804

Hearsay from Square One: The Definition of Hearsay

The Hearsay Rule & Its Exceptions

Other Evidence Issues

Best Evidence Rules under the Federal Rules

Character Evidence Under Federal Rules

Expert and Opinion Evidence

Impeachment and Rehabilitation of Witnesses

Preliminary Factfinding Under Rule 104

Survey of Evidence

Searching Scholar and OhioLINK : ( Scholar hands-on instruction )

Search the main subject headings Evidence (Law), Evidence (Law)--United States  , and Evidence (Law)--Ohio in SCHOLAR, and OhioLINK catalogs as well as the following related subject headings for additional materials:

Journal Articles and Current Awareness Services

See Finding Articles in Law Reviews, Journals and Other Legal Periodicals for an explanation of the legal periodical indexes and databases available to Cleveland-Marshall College of Law students and the CSU community.

Selected specialty journals in Evidence Law include:

International Commentary on Evidence (or " ICE ")  - an experimental, peer-reviewed journal on evidence law and theory. Its purpose is to promote scholarly communication about the law of evidence without regard to political or academic boundaries.

Scientific Testimony, an Online Journal  - publishes articles, news reports and commentary about the use of scientific evidence in legal proceedings. It also offers an archive of information useful to lawyers, forensic scientists and expert witnesses.

Law, Probability and Risk  The journal publishes papers that deal with topics on the interface of law and probabilistic reasoning. These are interpreted broadly to include aspects relevant to the interpretation of scientific evidence, the assessment of uncertainty and the assessment of risk. The readership is primarily academic lawyers, mathematicians, statisticians and social scientists with interests in quantitative reasoning.

Aggregate Files and Other Web Resources

Westlaw: Topical Materials by Area of Practice - Litigation - Civil Procedure and Evidence

Searchable databases include evidence rules, court orders, treatises, practice guides and forms.

LexisNexis - Area of Law by Topic - Litigation

Searchable databases include evidence cases, rules, court orders, treatises, practice guides and forms.

The Evidence Project (American UniversityWashington College of Law)

"These proposals, with accompanying commentary, address substantive and structural problems in the Federal Rules of Evidence with the goal of facilitating a national debate on the Rules as we approach the first quarter of a century of practice under them."

Legal Information Institute: Law About...Evidence

LexisONE Litigation and Court Resources

Jurist Law Guides: Evidence