This course examines the system of factfinding operating in American courts and its epistemological, moral and economic underpinnings.
Evidence law is a system of rules and standards that regulates proof of facts in adjudication and has four fundamental goals: 1. Ascertainment of the truth. 2.Adequate allocation of the risk of error. 3. Reduction of revelational harm from disclosure of information. 4.Reduction of costs expended on (1), (2) and (3).
We will study federal rules of evidence and their state equivalents. Specifically, we will examine the nature of fact-finding and risk of error; generalizations and judicial notice; burdens and standards of proof; relevancy, probativity and prejudicial effect; character evidence; testimony and impeachment; the hearsay rules; the opinion rule, expert testimony, scientific evidence and statistical proof; authentication of evidence and the best evidence doctrine; evidentiary privileges; federalism; and constitutional controls over evidentiary rules.
CASEBOOK: George Fisher, Evidence 2nd ed.,
(Foundation Press, 2008).
Materials not
reproduced in the casebook will be posted on the course’s website.
You need to have and bring to every class an updated version of the Federal Rules of Evidence.
Theoretical discussions will draw on Alex Stein, Foundations of Evidence Law (Oxford University Press, 2005), but you are not required to read this book.