Texas Southern University

Thurgood Marshall School of Law

Syllabus for Evidence Class Fall 2010

Adjunct Professor Tim Riley

Course Description and Objectives

PRACTICAL ASSIGNMENT GRADES, WITH CORRESPONDING MID-TERM EXAM GRADES, FOLLOW. 

YOU CAN DOWNLOAD WHAT APPEARS TO ME TO BE A RELATIVELY GOOD STUDY SUMMARY OF THE RULES OF EVIDENCE I FOUND ON THE INTERNET WITHOUT ANY CLAIMED COPYRIGHT PROTECTION HERE.  CAUTION:  I AM NOT THE AUTHOR AND DO NOT NECESSARILY AGREE WITH THE OUTLINE IN ITS ENTIRETY.

In this course we will study the Federal Rules of Evidence, as published and in application.  We will also address some of the most important differences between Texas and federal law with respect to evidentiary admission issues. 

The course is taught with the case method, as well as practical problem-solving.  Teaching will be done largely in the Socratic fashion. 

The objective of the course is to provide students with an adequate level of proficiency with the admissibility of documentary and testimonial evidence in criminal and civil trials.

Class Meeting Times and Dates

This class will be taught on Monday, Wednesday, and Friday, from 12:00 Noon through 12:50 p.m.  The first day of class will be Monday, August 16, 2010, and the final day of class will be Monday, November 22, 2010.  There will be no class on Labor Day, Monday, September 6, 2010.

This syllabus will remain posted at www.txtrial.com.  In the past when I have taught this course (using a different text), we were able to get through the hearsay portions (weeks 2-7), with time to spare.  However, students had more questions and concerns with character and impeachment evidence (weeks 8-10), and expert and opinion testimony (weeks 11 and 12).  Anticipating similar concerns, we may move through the hearsay portions relatively quickly so that the students will feel comfortable with our coverage of character, impeachment, and opinion evidence later in the course.  These are the reasons why: (a) this syllabus is considered flexible; and (b) it is important for each student to check the updated syllabus on the website weekly.  It will be the student's responsibility to keep up with where the class left off to prepare for the following week's assignment.

Office Location and Hours

My office is in Room 237, on the second floor.  I am available to students at almost any reasonable time, but only by appointment.  Feel free to contact me via email, at TDR@TxTrial.com, or call my law office at 713-646-1000. 

Reading, Attendance, Preparation, and Class Participation

This is a core course, meaning it will be covered on the Bar examination after graduation.  Because of that fact, there can be no acceptable shortcuts in learning the Rules of Evidence, and accordingly the course requires a substantial amount of reading and class preparation.  Please make sure you are completely prepared for the first class, as we cannot afford a wasted class meeting.

I strongly recommend a paper prepared by Hugh Riley, Ph.D., Dept. of Neuroscience, Baylor University, on how to read for content and prepare for any class.  You can access it by clicking here.  It is directed to entering college freshmen, but the recommended strategies are as applicable to law school or any other level of academic study.  Feel free to copy it and pass it on to any student you think would benefit from it.

The required text for this course is Mueller & Kirkpatrick, Evidence Under the Rules (6th ed. 2008).  All references in the assigned readings below to "text" are to this book.

With thanks to the folks at Cornell University, a copy of the Federal Rules of Evidence, can be downloaded at http://www.law.cornell.edu/rules/fre/.  It is strongly recommended that you print the rules and carry them with you to each class.  In addition, Cornell makes available on-line the Notes of the Advisory Committee on the Rules.  The Committee Notes can be very helpful in understanding the Rules.  You can read the notes about each rule at the above web location, immediately below the rule by clicking on "Notes."

There will also be a few supplemental readings.  These are either indicated in the syllabus below or will be supplemented verbally in class.  All supplemental readings will be posted at my website, at www.txtrial.com.

There are numerous handbooks and the like on the Rules of Evidence.  Most are quite good.  While none is required for this class, you may find it helpful to obtain such a handbook to refer to if you need further guidance with respect to any rules or their application.

Attendance and Absences

Per university regulations, students are allowed no more than 5 absences per semester.  Any absences exceeding 5 may result in grade reduction or removal of the student from the class.

Assignments and Class Grading

Class attendance and participation are mandatory, and all students will be expected to be fully prepared for each class.  Ten percent of the final grade will be for attendance (5%), and class preparation and participation (5%).  Each student will start out with 100% credit for attendance, preparation, and class participation; points will be deducted for poor attendance, inadequate preparation, and/or failure to participate appropriately in class.

There will be a mid-term examination on Friday, October 8, 2010.  The grade on this examination will constitute 30% of the final grade.

There will be a practical assignment.  It will be given to students in September and will be due on Monday, November 8, 2010.  Late turn-in of assignments will not be accepted.  These assignments will count for 20% of the final grade.

There will be a comprehensive final examination (covering the entire semester), on a date to be determined by the University between November 29 and December 10, 2010.  The final examination will count for 40% of the final grade. 

It is the student's responsibility to be familiar with all the assigned materials, even if they are not covered in class.  Anything addressed in this syllabus, as printed here or as periodically supplemented on my website, may be in the final examination, even if we do not cover it in class.

Syllabus

Week 1           Reasons for Rules of Evidence, and Practicalities of Admission and Objection, Judicial Notice, and Relevance and its Counter-Weights  (Week 1 PowerPoint slides available for download here.  Adobe.pdf version, click here.)

Monday, 8-16-10

            Fed. R. Evid. 101-106.  Text, pp. 1-4, 12-29, Prob. 1-A.  Supplemental reading: Excerpt from Albert Camus, The Stranger (click here).

 Wednesday, 8-18-10

            Fed. R. Evid. 201.  Text, pp. 29-48, Prob. 1-B; p. 49-65, Prob. 2-A, 2-B.

Friday, 8-20-10

            Fed. R. Evid. 401-415.  Text, p. 65-79, Prob. 2-C, 2-D, 2-E, 2-F.

Week 2           Relevance, continued, and Hearsay  (Week 2 PowerPoint slides available for download here.  Adobe.pdf version of outline, click here.)

Monday, 8-23-10

            Text, pp. 80-104, Prob. 2-G, 2-H, 2-I, 2-J.

Wednesday, 8-25-10

            Fed. R. Evid. 801-807.  Text, pp. 105-118, Prob. 3-A, 3-B.

Friday, 8-27-10

            Text, pp. 118-126, Prob. 3-C, 3-D., 3-E, 3-F.

Week 3           Hearsay, continued, Non-Hearsay, and Hearsay Exceptions  (Week 3 PowerPoint slides - through hearsay quiz only, available for download here.  Adobe.pdf version of outline, click here.)

Monday, 8-30-10

            Text, pp. 126-141, Prob. 3-G, 3-H, 3-I, 3-J.

Wednesday, 9-1-10

            Text, pp. 141-152, Prob. 3-K.  Hearsay Quiz, p. 150 (ungraded).

Friday, 9-3-10

            Text, pp. 153-176, Prob. 4-A.

Week 4           Hearsay, continued, Non-Hearsay, and Hearsay Exceptions, continued  (Week 4 PowerPoint slides - through admissions only, available for download here.  Adobe.pdf version of outline, click here.)

Monday, 9-6-10  No Class, Labor Day Holiday

Wednesday, 9-8-10

            Text, pp. 176-195, Probs. 4-B, 4-C, 4-D.

Friday, 9-10-10

            Text, pp. 195-210, Prob. 4-E, 4-F, 4-G.

Week 5           Hearsay, continued, Non-Hearsay, and Hearsay Exceptions, continued (Week 5 PowerPoint slides - through business records exception, available for download here.  Adobe.pdf version of outline, click here.)

Monday, 9-13-10

            Text, pp. 210-226, Prob. 4-H.

Wednesday, 9-15-10

            Text, pp. 226-241, Prob. 4-I, 4-J.

Friday, 9-17-10

            Text, pp. 241-266.

Week 6           Hearsay, continued, Non-Hearsay, and Hearsay Exceptions, continued  (Week 6, summary and overview only, available for download here.  Adobe.pdf version of outline, click here.)

Monday,9-20-10

            Text, pp. 266-285.

Wednesday, 9-22-10

            Text, pp. 285-299, Prob. 4-L.

Friday, 9-24-10

            Text, pp. 302-330, Prob. 4-M.

Week 7           Hearsay, continued, Non-Hearsay, and Hearsay Exceptions, continued   (Week 7 slides available for download here.  Adobe.pdf version of outline, click here.  Problems not covered in class available here.)

Giles v. California available here.  On the confrontation clause as it relates to reports in criminal cases, try to reconcile an opinion by the Second Circuit from 2006, United States v. Feliz, 467 F.3d 227 (2d Cir. 2006), cert. denied, 549 U.S. 1238 (2007) (autopsy report admitted as public record under FRE 803(8) does not present Confrontation Clause problems under Crawford because the autopsy report was not "testimonial"), with a 2009 U.S. SCt. case, Melendez-Diaz v. Massachusetts, 129 S.Ct. 2527 (2009) (chemist's report of substance as cocaine does not escape Confrontation Clause because it is "testimonial," even if it otherwise qualifies as a business record exception under FRE 803(6)).

Monday, 9-27-10

            Text, pp. 331-333, Prob 4-N and Giles case (at www.txtrial.com).

 Wednesday, 9-29-10

            Text, pp. 357-379.

Friday, 10-1-10

            Text, pp. 379-401, Prob. 4-O.

Week 8           Character, Habit, and Related 

Monday, 10-4-10

            Fed. R. Evid. 601-615.  Text, pp. 403-416, Prob. 5-A, 5-B, 5-C, 5-D, 5-E.

Wednesday, 10-6-10

            Text, pp. 416-428, Prob. 5-F, 5-G, 5-H, 5-i, 5J.

Friday, 10-8-10, Mid-Term Examination

Week 9           Character, Habit, and Related, continued

Monday,10-11-10

            Text, pp. 428-448, Prob. 5-K, 5-L, 5-M, 5-N, and 5-O.

Wednesday, 10-13-10

            Text, pp. 448-457, Prob. 5-P, 5-Q.

Friday, 10-15-10

            Text, pp. 511-524, Prob. 8-A

Week 10         Impeachment   (Week 8 slides available for download here.  Adobe.pdf version of outline, click here.  NOTE:  PAY SPECIAL ATTENTION TO SLIDE 10.  THIS COVERS AN IMPORTANT DISTINCTION BETWEEN TEXAS AND   FEDERAL LAW WHICH WAS NOT ADDRESSED IN CLASS.)

Monday,10-18-10

            Text, pp. 524-550, Prob. 8-B, 8-C.

 Wednesday, 10-20-10

            Text, pp. 550-570, Prob. 8-D, 8-E.

Friday, 10-22-10

            Text, pp. 571-589, Prob. 8-F, 8-G.

Week 11         Impeachment, continued, and Opinion and Expert Testimony  (Week 9 slides available for download here.  Adobe.pdf version of outline, click here.)

Monday,10-25-10

            Fed. R. Evid. 701-706.          Text, pp. 590-603, Prob. 8-H

Wednesday, 10-27-10

            Text, pp. 605-620, Prob. 9-A, 9-B, 9-C.

Friday, 10-29-10

            Text, pp. 620-642.

Week 12         Opinion and Expert Testimony, continued, and Burdens of Proof and Presumptions.    NOTE:  SLIGHT CHANGE THIS WEEK'S ASSIGNMENTS.

Monday, 11-1-10  AND

Wednesday, 11-3-10

            Text, pp. 611-660, Prob. 9-D, 9-E.  Also, read and be prepared to discuss the Havner opinion, here.

Friday, 11-5-10

            Text, pp. 675-691, Prob. 10-A, 10-B.

Week 13         Burdens of Proof and Presumptions, continued, and Privileges  (Week 10 slides available for download here.  Adobe.pdf version of outline, click here.)

Monday,11-8-10

            Fed. R. Evid. 301-302.  Text, pp. 714-734, Prob. 10-D

Wednesday, 11-10-10

            Fed. R. Evid. 501-502.  Text, pp. 759-773, Prob. 12-A, 12-B, 12-C.        

Friday, 11-12-10

            Text, pp. 776-778, 782-791, Prob. 12-D.

Week 14         Privileges, continued, and Foundational Evidence and Authentication  (Week 11 slides available for download here.  Adobe.pdf version of outline, click here.)

Monday, 11-15-10  NEW NOTE 11-14-10:  PLEASE READ THE SIMPSON V. TENNANT CASE, HERE, PRIOR TO 11-15-10 CLASS.

            Text, pp. 792-807, 819-835, Prob. 12-E.

Wednesday, 11-17-10

            Fed. R. Evid. 901-903.  Text, pp. 855-869, Prob. 13-A, 13-B, 13-C, 13-D.

Friday, 11-19-10

            Text, pp. 869-875, Prob. 13-E, 13-F, 13-G, 13-H

Week 15         Copies of Writings, Recordings, and Photographs

Monday,11-22-10  (Week 12 slides available for download here.  Adobe.pdf version of outline, click here.)

            Fed. R. Evid. 1001-1008.  Text, pp. 881-896, Prob. 14-B, 14-C, 14-D, 14-H, 14-I, 14-J

Evidence Summary Slides for Review available here, outline here.