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Fall 2020
LAW208  D  EVIDENCE

Course Description
This 4-credit Evidence course is designed for students interested in litigation. Although it is in many ways a traditional course, we will discuss evidence law from a strategic perspective – as litigators trying to enter or exclude certain evidence. To that end, students will be required to analyze hypotheticals and stand and make oral arguments. Substantively, the course will cover the law of evidence as applied in both civil and criminal proceedings throughout the United States. The focus will be on the Federal Rules of Evidence, which now have been adopted through codification in a vast majority of states. These will be examined in detail with reference both to their common law background and to their subsequent interpretation.

Course Schedule
Dates Day Time Room
08-17-2020 - 11-17-2020   M  10:10 AM-12:40 PM DL

Course Frequency
This course is usually offered every semester

Course Information

Credits: 4
Pass/Fail Option: No
Prerequisite:
Grading: Graded
Method of Evaluation: Three hour exam and oral in-class exercises. Possible pop quiz(zes).
Graduation Requirements Fulfilled By Course:
General
Special Attributes: None
Course Delivery:
Online (synchronous and asynchronous)
Special Restrictions: If you are unwilling to work hard and do oral arguments in front of your classmates, please do not take this class.
Law Track(s):
Litigation - Basic
Bar Subject(s):
FLORIDA
MBE
Concentration(s):
Litigation & Dispute Resolution (Concentration)   More information
Course Book(s):
Textbook Required:
Yes  
  • Textbook Name: Evidence
    Textbook Type: Hardcover
    Requirement: Required
    Author: Sklansky/Roth
    Publisher: Wolters Kluwer
    Edition: 5th Edition
    ISBN: 978-1543804577
      
  • Textbook Name: Federal Rules of Evidence and California Evidence Code
    Textbook Type: Paperback
    Requirement: Required
    Author: Sklansky
    Publisher: Wolters Kluwer
    Edition: 2020
    ISBN: 978-1543820454
      
  
First Class Assignment(s):
  • Assignment: Hi Everyone, I hope you all had a great summer and that you are looking forward to Evidence! As you know, class was initially scheduled to take place in person. The reason why I made one long class per week as opposed to two short classes was because of the demands of social distancing and allowing for enough time between classes. If I had known from the beginning that we were going to be on-line then I would have arranged for two shorter classes every week instead of one long one. Unfortunately, it is too late to do that now. Since we are stuck with one long class, it is imperative that you do all of the reading in advance of class. And I strongly recommend that you do it at least two times. After you do the reading, it is essential that you watch the video. Please note that I will be approaching the live classes as if you have done the reading and watched the video. If you haven’t, you will be completely lost. I will be giving regular reading quizzes to keep you honest. You will likely find the first part of the reading relatively easy. Hearsay, on the other hand, is difficult, so please make sure you spend plenty of time going over that part of the reading. For the first two classes, my awesome assistant, Tina, will post the readings as well as the relevant part of the Federal Rules of Evidence. After that, you will be responsible for reading your own copy of the textbook and the FRE. See you soon!   

    Evidence CB Pages 1-75.pdf
    FRE 401-402-403-801.docx

 
Professor(s)

LAVE, TAMARA


Biography
Contact Information:
Email: tlave@law.miami.edu
Phone: (305)284-1899
Office: G268