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The Law of U.S. Federal Evidence

This course introduces students to the concept of evidence in an adversarial system of partisan advocacy.  Evidence is taught as a separate class in U.S. law schools. It is emphasized in the curriculum because Evidence is invariably tested on the various bar examinations. The law of Evidence has derived its form from a lengthy common law tradition. This course covers both criminal and civil Federal U.S. practices. Furthermore, the law of Evidence is put into an U.S. legal cultural context.The lay jury and the role of the lawyer as an advocate are central to this.  Students will learn to use research tools to find both primary and secondary sources in the law of evidence. Case law is analyzed from the perspective of a common law lawyer.

For CUSL students, this course fulfills the requirement of having passed either Federal Civil Procedure or Federal Evidence, which, unlike in Germany, are two separate courses.  CUSL students may take both Federal Civil Procedure and Federal Evidence, and count one as a required course and one as an elective course toward fulfillment of CUSL requirements.