Evidence

A Problem-Based and Comparative Approach

Fifth Edition

by Peter Nicolas

Forthcoming January 2025

Tags: Evidence

2024 Teacher's Manual forthcoming

ISBN 978-1-5310-1754-5
eISBN 978-1-5310-1755-2

This casebook provides a comprehensive, problem-based approach to studying the rules of evidence. Organized around the federal rules, this casebook provides coverage of every single rule.

Key features of the casebook include approximately 120 in-depth problems that are designed to teach all the nuances of the rules, as well as coverage of selected state rules of evidence that differ significantly from the federal rules, in order to facilitate class discussion about the policies underlying the rules of evidence.

The fifth edition of the casebook builds on the strengths of previous editions while at the same time updating it to reflect recent developments. The text has been revised to include all substantive amendments to the Federal Rules of Evidence through December 2024, including recent amendments to Rules 106, 404(b), 613(b), 615, 702, 801(d)(2), 804(b)(3), 807, and 1006, as well as the adoption of a new rule—Rule 107—governing the use of illustrative aids. The fifth edition contains edited versions of the Supreme Court's most recent decisions related to both the Federal Rules of Evidence and the Confrontation Clause, including Diaz v. United States and Smith v. Arizona.

In addition, the fifth edition contains new sections dealing with illustrative evidence; the legislative privilege; evidence of immigration status; and apology evidence. Finally, the fifth edition also includes numerous new cases to provide students and teachers alike with "fresh" fact patterns.