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Introduction. Holmes Suite 816 235 2382 (BETA) David Achtenberg.

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Presentation on theme: "Introduction. Holmes Suite 816 235 2382 (BETA) David Achtenberg."— Presentation transcript:

1 Introduction

2 Holmes Suite (BETA) David Achtenberg

3 Nature of Class Can raise or lower How I call on people What if you’re not prepared Laptops Class Preparation PLG Rules Problems Quizzes

4 Web Sites Faculty Slides Lexis Need to Enroll Quizzes Honor Code Individual Collaborative Communication

5 Books Exam Description Rule Book Issue Attendance Policy

6 Study the Rules Read Park/Leonard/Goldberg To Help You Understand the Rules To Learn About Judicial Glosses on the Rules As a Warning About Trouble Spots Prepare the Problems Each class will have problem sets which will be discussed in class. Prepare answers before class If told to outline or to write your answer, do so in writing! Assignments & Class Preparation

7 Attendance Policy Review it in detail If you have questions, ask me Exam Short Answer (2 Hours) Rule Book Only Strict Restrictions on Annotations Essay (1 Hour) Open Book / Open Notes

8 D ran the red light Identifying the Players Then what happened? Objection. No foundation Proponent Opponent Witness Proffered Evidence Overruled

9 FRE 401 Relevant evidence means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.

10 Relevance: 2 Relationships Between 3 Things Proffered Evidence A Fact The Legal Outcome Probative Value Materiality

11 Example: Wrongful Death Case - No Recovery for Survivor Grief Proffered Evidence Survivor Suffered Grief Survivor Gets More Damages Fact Legal Outcome Makes Fact SML Affects Legal Outcome Survivor was sad

12 What’s Wrong With This? Proffered Evidence Survivor Suffered Grief Survivor Gets More Damages Fact Legal Outcome Makes Fact SML Affects Legal Outcome Survivor was sad No Recovery for Survivor Grief

13 If the evidence is offered to prove a fact but that fact does not have an effect on the legal outcome, we say that the evidence is Immaterial

14 Change the Fact That the Evidence is Offered to Prove Proffered Evidence Survivor Suffered $$ Loss Survivor Gets More Damages Fact Legal Outcome Makes Fact SML Affects Legal Outcome Survivor was sad

15 What’s Wrong This Time? Proffered Evidence Survivor Suffered $$ Loss Survivor Gets More Damages Fact Legal Outcome Makes Fact SML Affects Legal Outcome Survivor was sad

16 If the proffered evidence does not make a particular fact more or less likely, we say that the evidence is Not Probative


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