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Fall 2021
LAW208  C  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 the 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
08-23-2021 - 12-01-2021   MW  9:00 AM-10:45 AM F309

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:
Bar Course
Course Delivery:
Residential
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: 97-1543804577
      
  • Textbook Name: Federal Rules of Evidence and California Evidence Code
    Textbook Type: Paperback
    Requirement: Required
    Author: Sklansky
    Publisher: Wolters Kluwer
    Edition: 2021
    ISBN: 978-1543844498
      
  
First Class Assignment(s):
  • Assignment: Hello Everyone, I hope you had a safe and happy summer and that you are looking forward to the best class in law school… EVIDENCE! ? A few things of note: First – it is critical that you buy the latest edition of the textbook because it changed significantly when Andrea Roth became a co-author. Second – Please don’t be daunted by the length of the first reading assignment. Students find this first reading easy, and so I want to get it out of the way, so we have more time for what is difficult. Please skim Chapter 1, and focus your attention on Chapter 2. Third – I am providing you with a copy of the syllabus, so you can get a sense of what we will cover in class. Please note that I may modify the syllabus after class on September 30 based on how far we get along. Fourth – Panels will start on September 1. I look forward to meeting you in person on August 23. TRL FIRST ASSIGNMENTS: Class 1 Mon. August 23 Introduction; Relevance; Probative Value and Prejudice, Conditional Relevance 1-44 (43) (Skim Chapter 1. Focus on Chapter 2) Class 2 Wed. August 25 Introduction to Hearsay; Non-Hearsay Uses of Out-of-Court Statements 45-65 (20)

    Material:
    See syllabus attached.
      

    Fall Evidence Syllabus .docx

 
Professor(s)

LAVE, TAMARA


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