Blum Evidence SP22 - class PDF

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Evidence, Spring 2022 Professor Binyamin Blum 4 credits Monday & Wednesday 12:00-2:10pm, 333 Golden Gate, Room 201 (Zoom until Jan 31)

Course goals The aim of this course is to develop your professional skills in learning and applying evidence law. By the end of this class, I expect you to: • Demonstrate a working knowledge of the Federal Rules of Evidence • Understand the underlying rationale for each rule, as well as related common-law and constitutional doctrines • Be able to apply the rules to a given item of evidence and argue persuasively for or against its admissibility • Recognize and be able to articulate how a given item of evidence fits into a case theory • Appreciate the various policy concerns, history, and practical aspects of evidentiary rules • Acquire a basic understanding of the mechanics of admitting evidence • Develop a critical eye toward the shortcomings and impracticalities of the rules

Course coverage This course provides an in-depth consideration at the law of Evidence as governed by the Federal Rules of Evidence (FRE) and case law. We will focus on the topics that are central to the law: relevancy and unfair prejudice; hearsay and the Confrontation Clause; opinion and expert evidence; privileges; and character evidence. Additional subjects will be considered as time permits. While we will cover most bar-tested topics, there are several such topics that we will likely not have time to address in our course, including in-depth treatment of where the California Evidence Code and the Federal Rules of Evidence diverge. Additional materials describing and charting some such differences and other areas of bar-tested coverage will be provided on Canvas.

Course Materials • George Fisher, Evidence (3rd Edition, West Academic) (ISBN 13: 978-1609300609). • Optional: Federal Rules of Evidence 2021-22 Statutory and Case Supplement to Fisher’s Evidence Additional materials will be available on the course Canvas website and via in-class handouts.

Professor Contact I will generally be available immediately after class for any burning questions. If you would like to meet outside of those times, please email me with several suggested times when you are available and we can meet via Zoom. You are also welcome to email your questions to [email protected]. I will collect and respond to questions regarding the material in class, or via the class webpage (Canvas), keeping the asker’s identity anonymous if desired. For administrative matters, please contact Agnes De Vera ([email protected]) or by phone!(628) 227-0242.

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Learning methods and classroom policies Learning Methods. We will employ a variety of methods to achieve the goals of this course. We will view, discuss and analyze the evidentiary aspects of real or cinematic trials. By way of formative assessment, we will use regular, anonymous polling (for which you’ll need either a phone or laptop) to test your grasp of the material. We will also use small group discussions and problem-solving exercises in class. You will complete a number of Adaptibar problem sets, which include . There will be periodic self-assessment and feedback. You may also provide anonymous feedback for me to understand what is working or not working for you in the class. Preparing for class. In addition to the assigned pages in the casebook, you should read the relevant Rule(s), including the Advisory Committee Notes (available in the supplement or free online, including the Dec. 2020 update). You should also at least attempt solving the assigned casebook problems. In class we will discuss the material and work through some of the assigned problems. For class, you should have access to the text of the FRE. Some classes will include pre-recorded mini-lectures that cover the black-letter law. You should review these materials before we meet, so that we can delve into some of the more challenging problems in class.

Electronic devices Laptops. I strongly discourage the use of laptops in class, beyond the obvious necessity of doing so while we are on Zoom. I urge you to try taking notes by hand during the first two weeks of class, and then decide for yourself whether you really learn better with a laptop. There are two major problems with laptop use: 1) distraction (of yourself and others) via non-permitted use and 2) transcription, rather than note-taking.!Research on classroom computer use consistently supports the conclusion that students who take notes by hand learn more and outperform those who use computers, not only because they are not distracted by the internet.If you do choose to use a laptop, you may NOT use it for any purpose other than taking notes in class or accessing course materials. I will make all slides available immediately after class and you are free to take photos of any notes I make on the board after class has ended. Cellphones. Out of courtesy for our collective learning efforts, there is no permitted cell phone use in class. Unless we are using devices (phones or computers) for interactive polling responses, you must put your cellphone on silent during class time, and I suggest that you leave it in your bag. If you have a true emergency that you must respond to with a text message or a call, please sit near a door and if necessary, step out of the classroom to respond.

Preparation & Attendance The College’s current Campus Access Policy and current guidelines for when to stay home if experiencing symptoms of illness should control your attendance. Consistent with ABA guidelines, regular class attendance is required as a condition for receiving course credit. Attendance will be taken using a unique QR code generated for each class. Excessive unexcused absences during the semester will result in reporting to Dean Hum and administrative withdrawal from the course, consistent with the Student Handbook. However, special accommodations may be made for students who miss class due to COVID symptoms or illness. Please do not come to class if you are experiencing symptoms of illness. If you miss class because of illness/quarantine, the recordings are available per the College’s policy and should be on Panopto via Canvas.

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Given our online environment (for at least the month of January) the College’s attendance policy is as follows: “Attendance in synchronous online classes means attending live classes at their scheduled time. Failure to attend the live class will result in being marked “absent,” even if the student watches the class recording at a later time. Attendance in asynchronous online classes means timely viewing the required videos and completing the related assignments. Failure to timely submit assignments will result in being marked “absent,” even if the student submits the assignment at a later time. Attendance in hybrid classes means attendance in class on assigned days and attendance online as defined above for synchronous or asynchronous elements.”

To be considered “present,” you must turn on your video camera, and be prepared to turn on your microphone if called on to participate. Microphones should otherwise be muted.

To achieve our course goals, you are expected to arrive on time and prepared for every class, having read and reflected on the assigned readings. I will call on students at random to discuss the materials in class (“cold call”). You may opt out of cold-calling twice during the semester—no excuse needed. If you plan to use one of your two passes, you must email me by 9:00am on the day of class. Reasonable Accommodations If you require accommodations for this class due to a documented disability, please contact the administrative assistant for the Disability Resource Program (DRP) at [email protected]. Classroom-based accommodations cannot be made until you are registered with DRP, and they have provided me with an official Faculty Letter. Accommodations cannot be made retroactively, and it can take some time to complete the registration process, so contacting DRP early in the semester is highly encouraged. DRP keeps all documentation confidential.

Grading Your score on the final exam will be the primary determinant of your grade (90%). The exam will be closed book, meaning you may not bring any materials into the exam. The exam will consist of essay(s) and/or short answer questions, which will require that you identify important factual issues, correctly state the relevant legal rule(s), and apply those rules to the facts. You may also be asked to address policy arguments that are relevant. During the semester you will be asked to complete 5 AdaptiBar quizzes, worth 2 points each, accounting for 10% of your grade. The quizzes will be graded for completion, meaning that you will receive full credit for having taken them, regardless of how well you perform. I reserve the right to adjust a student’s grade upwards or downward based on exceptional or poor classroom participation. Class participation will be assessed on the quality of preparation and engagement, not based on quantity.

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