Evidence
LAW 661 Section 01
Stephen R. Lazarus
For our first class, on Tuesday, May 24th, at 8:30 AM, in room LB 11, please read pages 1-16 (bottom) and 79-86 (bottom) in the casebook (EVIDENCE, Park & Friedman, 12th ed., 2013 ("CB"), Federal Rules of Evidence ("FRE") 402, 401, and 611 in CB, Appendix A, and be prepared to discuss answers to the following questions:
1. D is alleged to have negligently driven through a stop sign, striking P, a pedestrian. May D offer his testimony that he came to a complete stop at the sign? That he had no intent to cause harm to P or any other person?
2. Why the rule against leading a witness on direct examination?
3. The evidence offered in "Judgment of Solomon" seems highly probative. If you represented the party against whom it is offered how would you argue inadmissibility under FRE 401?
For Wednesday, May 25th: CB 86-88 (Middle), 97 (top)-108 (bottom), 31-53 (top); FRE 101-105, 403
For Thursday, May 26th: CB 53-67; Hypos 1-5 CB 100; FRE 106, 201, 601-608