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#91475 - 08/31/10 07:57 PM Re: Good luck to new beginnings [Re: AnnaD]
forthguy Offline
Beyond hope


Registered: 01/30/04
Posts: 1042
Loc: San Francisco, CA
 Originally Posted By: AnnaD
As I understand it, evidence rules govern what you can or cannot put before the fact-finder at an actual trial. They don't govern the acquisition or handling of evidence by law enforcement.


They'll trickle down. For instance, "chain of custody" is used to help authenticate evidence, but it's not mentioned in the FRE.
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#91485 - 09/01/10 12:31 PM Re: Good luck to new beginnings [Re: forthguy]
Dutch Online   content
Senior Contributor


Registered: 09/26/08
Posts: 201
 Originally Posted By: forthguy
 Originally Posted By: Dutch
trial as in discovery, motions, etc.?

or maybe whether or not it's viable?


Well, all of that, to some degree. Most of evidence revolves around admissibility, trial objections regarding admissibility, motions (typically the motions in limine I mentioned to admit or exclude evidence), etc.

As AnnaD mentioned, rules and practice regarding hearsay evidence and its exceptions is big.
Once you get all the big rules down, you get to go into state distinctions, which is big fun. (e.g., admissions are not hearsay under the FRCP, but are admissible under an exception in the Cal. Code of Civ. Proc. Rules of privilege, and which conversations are privileged differ, etc. It's all great bar exam fodder.)

Discovery probably won't come up in an Evidence course very often, unless it's about methods of discovery and whether they're sufficient to prove reliability, but even that's probably on the outer edges. Most discovery issues will come up in civil procedure or in dedicate discovery (and more and more, e-discovery) courses.


OK, that helps me understand somewhat better. I did testify in quite a few criminal cases and a few civil. I distinctly remember more than one defense atty. challenging my testimony on different occasions as to whether or not it included or was hearsay.

Thanks y'all for the replies.

Dutch
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#91492 - 09/02/10 12:35 PM Re: Good luck to new beginnings [Re: Dutch]
oldlawgirl Offline
NTL Addict


Registered: 11/05/06
Posts: 595
Evidence is the most important cause I took in law school. I deal with issues of admissibility every single day. For instance, in my infamous tortoise custody case, one family member "repatriated" the tortoise from my client's home. My client "knew" this because his sister told him. His sister was not at court to testify at the hearing. He could not testify as to the truthfulness of what his sister told him, it was hearsay. That is because the opposing party could not cross examine the sister and the trier of fact (the Judge) could not assess her credibility.

Evey single day, I am constantly assessing admissibility. The big issues now are the admissibility of screen shots from websites like Facebook. In my negotiations with other lawyers, we contantly throw things out that will harm the other side. And we constantly make instant assessments of whether that stuff is going to be admissible or not. Even the most seasoned and experienced attorneys grapple with these issues. There is always some new scenario being played out. Evidence class is tough. But, a good, solid foundation in the rules of Evidence will serve you well through your entire career.

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#92019 - 11/30/10 03:03 AM Re: Good luck to new beginnings [Re: GerriP]
JacobAdam Offline
Junior Member


Registered: 11/30/10
Posts: 5
Thank you very much Gerri............lol
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