Evidence

William Mitchell College of Law

Fall 2006

Professor Larry McDonough

6:30-9:20 pm., Room 331
Week	Classes and Preparation

The reading assignments are my best estimate of what materials will be covered when. The assignments are not promises we will discuss the pages listed on the dates noted. Some of the listed reading may be deleted; other reading may be added to the list.
1	August 29, 2006

INTRODUCTION

Syllabus, Schedule, and Evidence at	1-48

Introduction to the Course,	Introduction to Relevance: Balancing Probativeness and Prejudice
2	September 5, 2006

BRICKS AND WALLS: RELEVANT EVIDENCE

Evidence at	48-78

Inferences: Prejudicial or Probative,	Probability and Stipulations
3	September 12, 2006

BRICKS AND WALLS: RELEVANT EVIDENCE

Evidence at 79-123

Specialized Relevance Rules	and	Relevance Revisited
4	September 19, 2006

THE PROBLEM OF PERSONALITY: CHARACTER EVIDENCE

Evidence at 124-149, 159-182	and Spriegl Handout

The Propensity Inference and	Spriegl Evidence: Rule 404(b)
5	September 26, 2006

BRICKS AND WALLS: RELEVANT EVIDENCE

Evidence at 208-236

Proof of Character and Habit,	Relevant Evidence, Character Evidence: Review and Recap
6	October 3, 2006

WITNESSES: TRUTHFULNESS AND COMPETENCY

Evidence at 237-285

Testimonial Capacity: Truthfulness, and Rule 609: Use of Convictions
7	October 10, 2006

WITNESSES: TRUTHFULNESS AND COMPETENCY

HEARSAY: THE BELLS ARE RINGING

Evidence at 326-333, 334-360

Competency

Introduction to Hearsay, Truth and Non-Truth
8	October 17, 2006

HEARSAY: THE BELLS ARE RINGING

Evidence at 334-360	, 360-421

Introduction to Hearsay, Truth and Non-Truth

Statements of the Party	, Prior Statements of a Witness
9	October 24, 2006

HEARSAY: THE BELLS ARE RINGING

Evidence at 360-421	, 422-455

Statements of the Party	, Prior Statements of a Witness

Rule 801(d) Concluded, Unavailable Witnesses
10	October 31, 2006

HEARSAY: THE BELLS ARE RINGING

Evidence at 422-455	, 455-514, skip	Johnson and Vigneau opinions

Rule 801(d) Concluded, Unavailable Witnesses

Rule 803: The Kitchen Sink…, and the Catchall Rule
11	November 7, 2006

HEARSAY: THE BELLS ARE RINGING

Skim supp. 393-405

Read supp. 405-441

Handout: Confronting the Confrontation Clause

Hearsay Concluded: Confrontation and Crawford
12	November 14, 2006

OPINIONS: LAY AND EXPERT

Evidence at 587-607, 616-639,	669-681

Lay Opinion and Expert Opinion, and the Aftermath of Daubert
13	November 21, 2006

OPINIONS: LAY AND EXPERT

Evidence at 587-607, 616-639,	669-681

Lay Opinion and Expert Opinion, and the Aftermath of Daubert
14	November 28, 2006

WHAT IS IT? AUTHENTICATION AND IDENTIFICATION

Evidence at 696-726

Authentication and Best Evidence

Review and Class Feedback

C:\MyFiles\teaching\Evidence\schedule.wpd