Texas Rules of Evidence Manual provides an updated comprehensive reference to Texas evidence for both civil and criminal cases. The book provides a rule-by-rule analysis of each Rule of Evidence. This sturdy hard-cover text is designed for heavy use in the courtroom. This text helps those who are bound to use the Texas Rules of Evidence, whether it is the bench or the bar or those studying evidence. While the text contains some academic discussions, the book is designed to explain what a particular Rule requires or prohibits, to indicate what the appellate courts have said about the Rules, and to offer some practical pointers on using the Rules. The book itself has been designed to make it as useful as possible to the harried judge, counsel, and student who must quickly find the "law." Following each Rule is an editorial commentary on the Rule explaining how the Rule works, what the Texas courts have said about the Rule, and how it compares with the Federal Rule, because Texas courts often review federal precedent where they find it helpful in applying a Texas Rule. When appropriate, practical pointers are also provided on how to use the Rule. Where the Rules apply in the same fashion for both civil and criminal cases, those points are discussed together. On the other hand, where they diverge, the authors have used separate headings for "Civil" and "Criminal" when that seems appropriate. One of the objectives of the Editorial Analysis in this text is to deal with the interrelationships of the various Rules. The authors have noted those areas where the Rules differ from pre-Rules case law or statutory provisions. Some of the Rules changed the prior Texas evidence law and, althoughmany of the Texas Rules agree with the Federal Rules, a number differ significantly.
This work is written for lawyers and district judges who try cases in Texas courts. It is a trial book, designed to ease the task of dealing with evidence issues under the time constraints and pressures that trials, especially jury trials, place on all participants. The authors emphasize the proper techniques for presenting and objecting to evidence at trial. Common evidence issues are arranged by the order of the Texas Rules of Evidence. Lawyers in both civil and criminal trials should be able to turn quickly to the correct section of this book dealing with any evidence issue that arises during trial. They will find guidance as to who bears the burden of proof on the issue, what the judge’s role is, and what type of finding for the record they might request. Judges will find similar guidance and will also find proposed findings that can help them make a solid record, and limiting instructions that can enable them quickly and accurately to instruct a jury in most cases This book focuses on the mechanics of how lawyers and judges must deal with evidence issues as they arise at trial and is a highly practical work that is intended to be on counsel tables and judges’ benches during trials. • Governing Rules The discussion of each evidence issue begins with a section on “Governing Rules.” This section gathers the rules that interrelate in one place and highlights the portions of the rules that are most likely to be important. • Key Points The second section is entitled “Key Points.” This section identifies important aspects of the governing rules, offers strategic suggestions on how lawyers may best use the governing rules, and suggests points judges may want to emphasize. • Sample Objections The third section includes sample objections and guidance on making objections at trial. • Rulings on the Record, Offers of Proof, and Limiting Instructions The fourth section suggests language that judges may use in making rulings and instructing juries and also recommends that lawyers consider requesting certain rulings on the record. It also suggests how offers of proof might be made and limiting instructions for all of the issues discussed. • Rules of Evidence The Appendices include the full text of the Texas Rules of Evidence and several important provisions from the Texas Code of Criminal Procedure that are cited in the text.
The Federal Criminal Procedure Litigation Manual 2014 is designed to assist the litigator, judge, and student in understanding the application of the rules in situations that recur in federal criminal trials. The work is up to date reflecting the latest changes and amendments to the Federal Rules along with the latest and most significant cases. The Federal Criminal Procedure Litigation Manual provides a thorough, yet concise, analysis of the Federal Rules of Criminal Procedure. The manual sets out the official text of each rule, followed by a short commentary that focuses on the key issues for each rule. Numbered section headings facilitate quick reference to the pertinent commentary. "Practice Tips" are also included throughout the commentary. The manual provides balanced practice pointers, for both the prosecutor and the defense counsel. Following the commentary, the reader will find lists of additional references. Anyone who has practiced in federal court understands that while the rules of procedure are an important starting point, there are many federal statutes that may have an impact on the trial. Thus, the manual lists selected federal statutes following the commentary. The text also includes references to two leading treatises on the subject of the federal rules of criminal procedure, and where appropriate, to treatises on the federal rules of evidence. Finally, the authors have briefly noted selected leading federal cases that should provide a helpful starting point for further research. In the appendices, the reader will find a complete copy of the Federal Rules of Evidence and Federal Rules of Appellate Procedure.
This work will be very valuable for academic and public libraries supporting prelaw, law, social, and cultural studies. Summing Up: Highly recommended. Upper-level undergraduates through professionals/practitioners; general readers." —CHOICE There are two aspects of scholarship about the legal systems of our day that are especially salient—one being for the first time there is a fair amount of genuine research on legal systems, and two, that this research is increasingly global. As soon as you cross a jurisdictional line, even if it separates countries that are very similar, you enter a different legal system. It cannot be assumed that any particular rule, doctrine, or practice is the same in any two jurisdictions, regardless of how close these jurisdictions are, in terms of history and tradition. The Encyclopedia of Law and Society is the largest comprehensive and international treatment of the law and society field. With an Advisory Board of 62 members from 20 countries and six continents, the three volumes of this state-of-the-art resource represent interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics. By globalizing the Encyclopedia′s coverage, American and international law and society will be better understood within its historical and comparative context. Key Features: Includes more than 700 biographical entries that are historical, comparative, topical, thematic, and methodological Presents the rich diversity of European, Latin American, Asian, African, and Australasian developments for the first time in one place to reveal the truly holistic, interdisciplinary virtues of law and society Examines how and why legal systems grow and change, how and why they respond (or fail to respond) to their environment, how and why they impact the life of society, and how and why the life of society impacts in turn these legal systems With borders more porous than ever before, this Encyclopedia reflects the paradoxical reality of modern life, including legal life. This valuable resource aims to present research, along with the theories on which it is grounded, fairly and comprehensively and is a must-have for all academic libraries.
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