The eLearning Center for Gatlin Education Services

This course presents a clear, complete, and up to date overview of the law of evidence as it applies in practice with emphasis on the role of the paralegal''s. Paralegals assisting in a litigation practice must have a basic understanding of the admissibility of evidence. These rules apply principally in jury trials and pretrial discovery. This course covers all topics traditionally thought of as encompassed within evidence law including: General Principles, Preliminary Questions of Relevance, Judicial Notice, Presumptions, Relevance, Privileges, Witnesses, Opinion Testimony, Hearsay, Authentication and Identification, Contents of Writings, Recordings, and Photographs, and the Best Evidence Rule.

Reading Assignments:

Reading assignments are given weekly from the provided textbooks.  Reading is also assigned from the supplementary course documents as listed below.

Supplementary Course Documents:

Students have continuous access to these course materials via the online classroom.

• Development and Role of Evidence Law
• Gathering and Presenting Evidence
• Challenging the Admissibility of Evidence
• Relevancy and Character Evidence
• Witnesses – Competency, Witness Examinations and Credibility
• Witnesses – Impeachment
• Hearsay
• Privilege
• Scientific Evidence and Testing
• Advisory Report
• Westlaw Guide

Discussion Topics

Discussions are a mandatory part of the course and make up 15% of the total grade given.  They are broken down by week in the online classroom.

Practical Assignment (required):

The Practical Assignment is posted at the beginning of Week Three and due by the end of that week.

Quizzes and Tests

All students are required to take a final test during the final week of the course. Tests are administered in the online classroom, and all answers must be submitted by the last day of class.

Grading:

Grading is calculated as follows:

Course Topics:

• General Principals of Relevance
• Probativeness and Materiality
• Conditional Relevance
• Probativeness vs. Risk of Unfair Prejudice
• The Specialized Relevance Rules
• Subsequent Remedial Measures
• Compromise Offers and Payment of Medical Expenses
• Liability Insurance
• Pleas in Criminal Cases
• Character Evidence
• The Character-Propensity Rule
• Routes Around the Box
• The Huddleston Standard
• Propensity Evidence in Sexual Assault Cases
• Proof of the Defendant’s and the Victim’s Character
• Proof of Defendant’s and the Victim’s Character in Civil
• Cases
• Evidence of Habit
• Character for Truthfulness
• General Principals
• Use of Past Convictions
• Rehabilitation
• Use of Extrinsic Evidence
• The Rape Shield Law
• Historical Backdrop
• The Shield Law
• The Law in Force
• Competency of Witnesses
• The Rule Against Hearsay
• Historical Prelude
• Defining Hearsay
• Statements of Party-Opponents
• Past Statements of Witnesses and Past Testimony
• Hearsay Exceptions Under Rule 804
• Hearsay Exceptions Under Rule 803
• Confrontation and Compulsory Process
• The Confrontation Clause and Hearsay
• The Bruton Doctrine
• Compulsory Process
• Lay Opinions and Expert Testimony
• Lay Opinions
• Expert Testimony
• Authentication, Identification and the “Best Evidence” Rule
• Authentication and Identification
• The “Best Evidence” Rule
• Privileges:  General Principles
• The Lawyer-Client Privilege and the Privilege Against Self Incrimination
• Scope of the Lawyer-Client Privilege
• The Crime-Fraud Exception
• Government Lawyers
• The Lawyer-Client Privilege and the Privilege Against Self Incrimination
• Familial Privileges
• The Marital Privilege
• The Parent-Child Privilege
• Conclusion