合同法，05-06法令增补本Rules of Contract Law 05-06 Statutory Supplement 115盘 下载 pdf txt 电子版 mobi snb docx

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Preface

Acknowledgments

Chapter 1: THE GENERAL REQUIREMENT OF RELEVANCE

Introduction

The Basic Standard and Its Application

Unfair Prejudice

Limited Admissibility

Conditional Relevance

Recurring Situations

Flight

Similar Happenings

Statistical Proof

Chapter 2: SPECIFIC EXCLUSIONS OF RELEVANT MATERIAL

Introduction

Insurance

Subsequent Remedial Measures

Compromises and Offers to Compromise

Payments of Medical Expenses

Nolo Contendere and Withdrawn Guilty Pleas

Character Evidence

The Propensity Inference

Non-propensity Uses of Character Evidence

"Character in Issue"

Habit

Form of Proof Related to Character

Character of the Accused and the Victim

Character of the Sexual Assault Victim

Constitutional Restrictions on Exclusion of Defense Evidence

Summary of Permitted Uses of Propensity Evidence

Chapter 3: DEFINING HEARSAY

Introduction

Basic Rule

Basic Rationale for Excluding Hearsay

Detailed Analysis of Statements Typically Not Offered to Prove the Truth of What They Assert

Visual Aids

Detailed Analysis of What Constitutes a Statement

Classic Hearsay Puzzles

Chapter 4: EXCEPTIONS TO THE HEARSAY EXCLUSIONARY RULE

Introduction

Statements Exempted from the Federal Rules Definition of Hearsay

Admissions

Prior Statements by a Witness

Groupings of Hearsay Exceptions under the Federal Rules

Statements Defined as Hearsay but Admissible Without Regard to the Declarant's Availability

Present Sense Impressions

Excited Utterances

Present Sense Impression and Excited Utterance Compared

Statements of Current Mental, Emotional, or Physical Condition

Statements for Medical Diagnosis or Treatment

Past Recollection Recorded

Business and Public Agency Records

Ancient Documents

Miscellaneous Exceptions

Statements Defined as Hearsay but Admissible if the Declarant Is "Unavailable"

Definition of Unavailable

Former Testimony

Dying Declarations

Statement Against Interest

Statement by Person Rendered Unavailable: Forfeiture by Wrongdoing

Residual Exception

Hearsay and the Confrontation Clause

Chapter 5: EXAMINATION AND IMPEACHMENT

Chapter 6: EXPERT TESTIMONY

Chapter 7: PRIVILEGES

Chapter 8: AUTHENTICATION AND THE ORIGINAL WRITING RULE

Chapter 9: PRESUMPTIONS

Chapter 10: JUDICIAL NOTICE

Appendix: FEDERAL RULES OF EVIDENCE

Table of Cases

Index

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