FOR LAW STUDENTS … EVIDENCE HELP
August 27, 2012 § 6 Comments
This post is only for the law students who read this blog. I know that there are plenty of you, based on comments I see posted and hear personally, and that you zero in on the evidence posts.
For those (handfull) of you who are taking evidence, I recommend you get a copy of COURTROOM EVIDENCE HANDBOOK by Steven Goode and Olin Guy Welborn, III, 2012-2013 Student Ed. The book costs around $44 in paper, and there is an online edition for $31. If this book is not among the books you already have to aid you with evidence, I encourage you to consider buying it.
The book is divided into four sections: The FRE; The FRE with the author’s commentary and citations; A compendium of common objections and responses; and Checklists and foundations.
As you would probably guess, my favorite section is the one on checklists and foundations. Here you will find step-by-step guidance on how to get various types of evidence into the record, and how to overcome objections to them. Checklists make your job so much easier, and take a lot of the worrying and guesswork out of the task. Here is the checklist to lay the foundation for admission of a public record or report (Rule 803(8)), for instance:
- The document is a cerified copy of a record or report of a public office or agency.
- The document sets forth either (A) the activities of the office or agency, or (B) matters observed pursuant to duty imposed by law as to which matters there was a duty to report, or (C) factual findings resulting from an investigation made pursuant to authority granted by law.
Each checklist is preceded by a sample interrogation of a witness to illustrate the questions and answers needed to lay the foundation, and some are followed by helpful comments.
The authors’ commentary on the FRE is also extremely helpful. The comments include references to case law that you can use for authority.
I know you are studying the FRE in law school, and that some of you will move on to other jurisdictions, but for those of you who remain in Mississippi, this book, along with the Mississippi Rules Annotated, published cooperatively annually by the Litigation Section of the Mississippi Bar, Mississippi Law Institute, and Mississippi College School of Law, will be a helpful resource for Mississippi practice, since the MRE is based on the FRE.
A copy of the Goode-Welborn book was among the bale of material distributed to us judges at the National Judicial College, which we are required to attend within one year of taking the bench. I have actually found it useful on a few occasions when dealing with some obscure points of law, and it occurred to me that you students might find it helpful as you bend your mind (sometimes painfully) around the more counterintuitive aspects of the courtroom art.
Now, as I said, this post is limited strictly to law students. But if you know a lawyer who might find this useful, it’s okay to pass it on. Even old warhorses who think they know it all can use a good tip now and then.
The Better Chancery Practice Blog 
Sold! I realize Evidence is not required, but it was one of my largest post-1L classes. It and Con Law were tied for 1st place.
I’m relieved to hear it, but if there is any subject that is at the heart of what real, practicing lawyers do, it is evidence, as you now know.
The book is a pretty good tool. I wish more lawyers had it and studied the points where they are insecure.
I hope I’ll always consider myself a law student. I think I’ll unbale that box of stuff from Reno and see if I can find my copy.
Thanks and personal regards, Derek
Dig it out. It’s worth looking at from time to time.
Much appreciated. I’ll order a copy today. It was great getting to run into you this weekend. Coincidentally, I’m in TWO evidence classes right now: the regular 4 hour version taught by Bob Weems and a 2 hour trial skills course that focuses on evidence-based objections.
If there is any course that is essential for a genuine lawyer (i.e., one who actually practices law), it’s evidence.
I am still baffled about and befuddled by the fact that it is no longer a required course. And every veteran lawyer I talk with about it feels the same way. Good to see you again.