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Introduction to the Law of Evidence

NCJ Number
G C Lilly
Date Published
513 pages
A textbook designed for use in the teaching of a basic course in the law of evidence is presented; the work covers all major evidentiary rules and principles and is intended for law school students.
Ideally, the book should be read sequentially. However, the format and index permit selective reference to the materials. In addition, footnotes contain many cross-references, and there is occasional repetition in the textual discussion. Citations to cases and to reference works are provided. Major topics addressed include evidence in context, the concept of relevance, procedural concepts and consequences, competency of witnesses and the process of trial, recurring problems of circumstantial proof, the hearsay rule, impeachment, privilege, and the role of judge and jury. Also discussed are offer of proof and objections, expert testimony and scientific evidence, and real evidence. The introductory chapter defines evidence as any verbal or physical matter that can be used to support the existence of a factual proposition. This definition is useful in the context of this volume because it emphasizes the perspective of the legal profession, which associates evidence with the facts of a case. Relevance is addressed as the basic and unifying principle underlying the evidentiary rules; it connotes the probative relationship between the evidence offered by a party and the factual proposition to which the evidence is addressed. In addition, the concept of relevance involves analysis of the relationship between the factual proposition toward which the evidence points and the substantive law. Extensive footnotes are provided with each chapter, and an index, appendix, and table of cases are included.


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