Instructor(s) Schwartz, David
The rules of evidence define how facts are proven in civil and criminal litigation. Focusing on the Federal Rules of Evidence, this course will give students a broad survey of the rules combined with in-depth analysis of how they apply in specific circumstances and how the entire litigation process -- from the filing of a complaint to final judgment after trial and appeal -- is shaped by evidentiary principles. Analysis of appellate case law will play, at most, a very limited role in the course, and the teaching format will not be based primarily on lectures. Instead, class discussions will be centered around hands-on solving of specific problems, with emphasis on formulating questions, making and ruling on objections, and planning how to get facts before a jury. Simulation and role-playing will be used from time to time. One or two writing projects, such as written evidentiary motions, will be required.