Aspen Publishing

Evidence Law: Practice, Problems, and Policy

Laurie L. Levenson, Hon. Brian M. Hoffstadt


  • ISBN: 9781543825985

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  • Description

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  • Additional Product Details

    Publication Date: 9/15/22 
    Copyright: 2022
    Pages: 650
    Connected eBook with Study Center + Print Book: 9781543825985 
    Connected eBook with Study Center: 9798886141566
    eBook: 9781543825992

    Detailed Table of Contents Download

    Summary of Contents



    Chapter 1. Introduction
    Chapter 2. Relevance
    Chapter 3. Character Evidence
    Chapter 4. Limits on Evidence for Policy Reasons
    Chapter 5. Hearsay
    Chapter 6. Hearsay Exceptions Designated as “Not Hearsay”
    Chapter 7. FRE 803 Hearsay Exceptions Applicable Even When the Declarant Is Available to Testify
    Chapter 8. Hearsay Exceptions When the Declarant Is Unavailable and the Residual Hearsay Exception
    Chapter 9. The Constitutional Overlay
    Chapter 10. Competency of Witnesses
    Chapter 11. Impeachment of Witnesses
    Chapter 12. Lay and Expert Testimony
    Chapter 13. Authentication, The Best Evidence Rule, and Demonstrative Evidence
    Chapter 14. Burdens of Proof, Presumptions, and Judicial Notice
    Chapter 15. Privileges
    Chapter 16. Pulling It All Together

    Table of Authorities

    Table of Cases

    Table of Rules, Statutes, and Constitutional Provisions

  • Author Information

    Brian M. Hoffstadt

    Justice Hoffstadt serves on the California Court of Appeal. He previously served as a trial judge on the Los Angeles Superior Court, helped to run the Issues & Appeals practice group in the Los Angeles office of Jones Day, served as an Assistant United States Attorney, worked as a policy advisor in the Office of Policy Development of the United States Department of Justice, and served as a law clerk to Associate Justice Sandra Day O’Connor as well as the late Ninth Circuit Judge Cynthia Holcomb Hall. He graduated first in his class from UCLA School of Law, and his undergraduate degree is from California State Polytechnic University, Pomona. Justice Hoffstadt is a faculty member of the B.E. Witkin Judicial College (for newly appointed and elected California trial judges), regularly teaches appellate and trial judges on a variety of subjects, and since 1999 has taught law students as an adjunct professor at USC School of Law, Loyola Law School, and George Washington University Law School. He has taught evidence, constitutional criminal procedure, trial advocacy and post-conviction criminal procedure. Justice Hoffstadt is the author of California Criminal Discovery (5th ed. 2015 and 6th ed. 2020), has published several law review articles, and is a regular contributor to the Daily Journal. He currently chairs the California Judicial Council’s Criminal Law Advisory Committee, which helps formulate the California judicial branch’s formal positions on pending state legislation. He is also a member of the American Law Institute.

    Laurie L. Levenson

    Professor Levenson is the David W. Burcham Chair in Ethical Advocacy at Loyola Law School where she teaches evidence, criminal law, criminal procedure, ethics, white collar crime, and trial advocacy. From 1996-1999, she served as the Associate Dean for Academic Affairs. Professor Levenson attended Stanford University and UCLA School of Law, where she was the Chief Articles Editor for the Law Review. She clerked for the Honorable James Hunter, III, of the U.S. Court of Appeals for the Third Circuit. Professor Levenson served as an Assistant United States Attorney from 1981-1989. She was Chief of Appeals, Chief of Training, and an Assistant Division Chief. At Loyola Law School, Professor Levenson founded Loyola’s Project for the Innocent. In addition to teaching evidence at Loyola, she regularly teaches evidence at other law schools, including UCLA School of Law, USC School of Law, Southwestern University School of Law, and Pepperdine University Law School. She also frequently lectures on evidence to federal judges for the Federal Judicial Center, as well as to state court judges through the National Judicial College. Professor Levenson is the author of numerous articles and books, including a casebook with co-author Erwin Chemerinsky on Criminal Procedure, as well as the Handbook on the Federal Criminal Rules, California Criminal Law, California Criminal Motions, and California Criminal Procedure. She has published over 100 articles for law reviews and legal publications. Professor Levenson has served on numerous Commissions addressing legal reforms. She is also a frequent commentator on high-profile legal matters, including the Rodney King beating case, O.J. Simpson murder trial, the Michael Jackson trial, impeachment trials, and the Jan. 6 House Committee Hearings.

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