Problems in evidence

Many of the new problems added to this edition concern the Supreme Court's new approach to confrontation in Crawford v. Washington. A number have been added for expert testimony, and revisions have been made regarding DNA evidence. Others deal with character evidence in criminal cases, including other crimes evidence and prior sexual assaults in both civil and criminal cases. Some examine the challenges presented by new technology when evidence comes from cell phones and computer hard drives. A new problem also raises issues that the new federal rule concerning "inadvertent disclosure" of privileged attorney-client material can help resolve.

Characteristics of the adversary system -- Limitations of the adversary system -- Allocating the case -- Burden of proof -- Presumptions -- The order of proof -- The concept of relevancy -- Formalized applications of the relevancy concept -- Judicial notice -- Real and demonstrative evidence -- Writings and related matters -- Testimonial evidence -- The foundation of the rule and confrontation -- Exceptions to the hearsay rule -- Protecting relationships by means of privilege -- Privileges designed to safeguard governmental operations.