Evidence rules constrain proof at criminal and civil trials. We will study the Federal Rules of Evidence, related case law, and those constitutional concepts that limit proof at criminal trials. Topics include relevance, unfair prejudice, character evidence, impeachment, the rape shield law, hearsay, and the Confrontation Clause. Please note that the California Bar Examiners have announced that "[t]he scope of the subject titled 'evidence' will include the California Code of Evidence." It appears that "include" means that the bar examination addresses both the Federal Rules of Evidence and the California Evidence Code. This evidence course covers only the Federal Rules of Evidence and does not address the California Code. Although the same principles of law govern the California and Federal rules, the two sets of rules are not identical, and students preparing for the California Bar Exam will have to learn some new material. Elements used in grading: Class participation, attendance and final exam.
Instructors for this courseGeorge Fisher
Miguel A. Méndez
Robert W. Gordon