Law Schedule of Classes

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241 sec. 003 - Evidence (Spring 2019)

Instructor: David Oppenheimer  (view instructor's teaching evaluations - degree students only | profile)
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Units: 4


    WThF 10:00 AM - 11:10 AM
    Location: Law 170
    From January 09, 2019
    To April 19, 2019

Course Start: January 09, 2019
Course End: April 19, 2019
Class Number: 32247

Enrollment info:
Enrolled: 13
Waitlisted: 0
Enroll Limit: 60
As of: 06/11 02:48 PM

This 4-unit course will explore the law of evidence as applied in American (primarily federal) courts. We will use an experiential learning-by-doing approach, with part of our class time spent with teams of students arguing for the admission or exclusion of evidence, based on 150 problems drawn from two simulated case-files. One of the case-files presents a murder case; the other is a civil sexual harassment in employment case. You will need to become familiar with every aspect of the two cases, and apply the law of evidence, as found in the Federal Rules of Evidence and a few case decisions, to argue why the law permits or prohibits the admission or exclusion of the evidence offered.

Students will work in teams of two, and be on call in all class meetings. Those students sitting on the left side of the classroom will represent the prosecution in the criminal case and the defense in the civil case. Those sitting on the right side of the room will represent the defense in the criminal case and the plaintiff in the civil case. When a team is called on, they may confer for a few minutes with other teams sitting in proximity before presenting their argument. Each team of two must sit together so that they can work together in class framing and adjusting their arguments. Students may select their teammates in advance, and arrange to sit together for the first class. Or, if they prefer, they may form a team with another student sitting near them during our first class meeting(s).

Class will meet three days a week for 70 minutes/class. We will have 42 class meetings, two of which will be reserved for in-class mid-term exams.

Course coverage will include relevance, character evidence, witness examination, offers of evidence (and thus objections to offers of evidence), authentication of documents and other physical evidence, motions in limine, impeachment and rehabilitation, privileges, opinion testimony, scientific evidence, and hearsay.

Grades will be based on two mid-term exams, a final exam, and class participation. Here is the grading formula:
• The two mid-term exams will each consist of 15 multiple choice questions worth 1 point for each question (a total of 30 points). At least some of the questions and answers will be subsequently reviewed in class for formative assessment purposes;
• The final exam, which will be a take-home, will include ten short problems requiring you to support the admission or exclusion of evidence with a limit of 150 words each, worth 40 total points (4 points each), and 20 multiple-choice questions worth 1 point for each question (a total of 60 points);
• Up to 10 class participation points will be awarded as follows. Two points will be awarded to each member of a team when that team is called on, both team members are present, and the team satisfactorily participates. Thus, if your team is called on and passes, or is not present, or is clearly not prepared, you’ll have lost an opportunity to earn a participation point. My goal is to give every team at least 5 opportunities to earn participation points. If you enroll in this class, you should expect to be called on approximately every third week.

Exam Notes: (TH) Take-home examination
Course Category: Litigation and Procedure

The following file is available for this course:

Supplemental File

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Required Books are in blue

  • Evidence Law, A Student's Guide to the Law of Evidence as Applied in American Trials, 4th
    Roger C. Park, David P. Leonard, Aviva Orenstein, Dale Nance, Steven Goldberg,
    Edition: 4th (2018)
    Publisher: West
    ISBN: 9781634609357
    e-Book Available: unknown
    Copyright Date: To Be Determined
    Price: $118.00
    Price Source: user provided
  • Evidence in Context
    Edition: 5th 2017
    ISBN: 9781601565853
    e-Book Available: unknown
    Copyright Date: To Be Determined
    Price: 82.50
    Price Source: user provided
  • Rowe v. Pacific Quad, Inc.
    Edition: 5th 2013
    ISBN: 9781601563453
    e-Book Available: unknown
    Copyright Date: To Be Determined
    Price: 42.00
    Price Source: user provided

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