Principles of California and federal evidence : a student's guide to the course and bar

Students studying evidence in California learn the Federal Rules of Evidence (FRE) and the California Evidence Code (CEC). Most California evidence professors test on both sets of rules. In particular, professors test the differences between the FRE and the CEC. Upon graduation, the essay and performance portions of the California State Bar Exam test the FRE and the CEC. As in school, the bar often emphasizes differences between the two sets of evidence rules. This book highlights the similarities and differences between the FRE and the CEC. The book covers the evidence rules you encounter in law school and on the bar. The book is unique in the amount of attention focused on preparing students for evidence questions in law school and on the bar. In addition to clearly written, concise text describing the many aspects of evidence law, the book contains numerous practice exams, including law school exams, California bar exam questions, analysis of exam questions, model answers, and multiple choice questions (and answers). The book has two goals: First, equip students to excel in the law school course on evidence (and the trial advocacy course), and Second, prepare students for the California Bar Exam.*

Contents

• Preface

• Basics of the FRE and the CEF

• Relevance, unfair prejudice, and excluding evidence for reasons of policy

• Preliminary facts and laying a foundation

• Objections and offers of proof

• Best and secondary evidence rules; judicial notice

• Character evidence

• Habit

• Uncharged misconduct evidence

• Lay and expert witnesses

• Cross-examination, impeachment, and rehabilitation of witnesses

• Hearsay

• Privilege

• Presumptions

• Practice exams, answers, and analysis