Problems and Simulations in Evidence

Book excerpt: Using both problems and simulations, this set of materials is designed to teach the reader to approach Evidence in a systematic manner; to analyze both legal doctrine and the factual setting in which that doctrine works. Perhaps the most unique aspect of these materials is the use of simulation. While many of the simulations contained in this book are done in the classroom and involve direct and cross-examination, many others involve non-courtroom situations and are designed to be performed outside the classroom. Many of the simulations performed outside the classroom are followed by questionnaires. When these questionnaires are answered after the exercise, they should provide immediate feedback on the reader's understanding of the evidentiary principles involved. Like the prior edition published in 2004, this new edition analyzes both legal doctrine and the factual setting in which that doctrine works, thus allowing professors to teach evidence in a systematic manner. Problems and Simulations also enables professors to integrate practical skills and values into their evidence course. Additionally: Each chapter in the book includes realistic examples of how the evidentiary rule discussed is used in practice; The problems within each chapter or section begin with basic concepts and build in complexity; Many problems are presented in the context of witness examinations (often word for word from transcripts); There are problems involving interviewing, counseling, negotiation, fact investigation, office policies and the like; and Simulations are also included with the problems and integrated throughout the book While many of the simulations included in the book are to be used in the classroom and involve direct and cross-examination. There are also many simulations involving non-courtroom situations that can be performed outside the classroom. The simulations performed outside the classroom are followed by questionnaires designed to provide immediate feedback on students understanding of the evidentiary principles involved. This new edition also contains two Performance Tests to expose students to the type of examination they likely will take after law school. The author originally wrote these performance tests for the California Bar Examination as a member of its Performance Test Editing Team.