McCormick on evidence /
Evidence
by Kenneth S. Broun, general editor ; contributing authors, George E. Dix, Edward J. Imwinkelried, D.H. Kaye, Robert P. Mosteller, E.F. Roberts, Eleanor Swift.
- Seventh edition, Student edition.
- xxii, 788 pages ; 27 cm.
- Hornbook series .
- Hornbook series. .
Includes bibliographical references and index.
Preparing and presenting the evidence -- EXAMINATION OF WITNESSES: The form of questions on direct; the judges's witnesses; refreshing memory -- The requirement of firsthand knowledge : the opinion rule & expert testimony -- Cross-examination and subsequent examinations -- Impeachment and support -- ADMISSION AND EXCLUSION: The procedure of admitting and excluding evidence -- COMPETENCY: The competency of witnesses -- PRIVILEGE : COMMON LAW AND STATUTORY: The scope and effect of the evidentiary privileges -- The privilege for marital communications -- The client's privilege : communications between client & lawyer -- The privilege for confidential information secured in the course of the physician-patient relationship -- Privileges for governmental secrets -- PRIVILEGE : CONSTITUTIONAL: The privilege against self-incrimination -- Confessions -- The privilege concerning improperly obtained evidence -- RELEVANCY AND ITS COUNTERWEIGHTS: Relevance -- Character and habit -- Similar happenings and transactions -- Insurance against liability -- Experimental and scientific evidence -- REAL EVIDENCE, OTHER NONTESTIMONIAL EVIDENCE, AND DEMONSTRATIVE AIDS: Real evidence, other nontestimonial evidence, and demonstrative aids -- WRITINGS: Authentication -- The requirement of the production of the original writing, recording, or photograph as the "best evidence" -- THE HEARSAY RULE AND ITS EXCEPTIONS: The hearsay rule -- Admissions of a party-opponent -- Spontaneous statements -- Statements for the purpose of medical diagnosis or treatment -- Records of past recollection -- Regularly kept records -- Public records, reports, and certificates -- Testimony taken at a former hearing or in another action -- Dying declarations -- Declarations against interest -- Various other exceptions and the future of the rules about hearsay -- JUDICIAL NOTICE: Judicial notice -- BURDEN OF PROOF AND PRESUMPTIONS: The burdens of proof and presumptions. INTRODUCTION:
"The book attempts to meld rules and case law in a way that is useful for practitioners, scholars, the courts and students. As in prior editions, important cases containing helpful discussions of precedent and policy are noted in the extensive footnotes found in the practitioner's edition". -- PREFACE.