For Monday, October 13

Tuesday audio. Make-up at 1 p.m. Monday in RDB 2006, followed by regular class. No class on Monday, October 20. The Prelim Exam will post at 12:30 next Tuesday, October 14. It will be due at the beginning of class on Tuesday, October 21.

We continue with Trial and Presumptions; review FRCP 50 and FRCrP 29. What is a presumption and how does it operate, in the bigger picture and at the level of individual facts? Why have presumptions (or "instructed inferences") and how do they operate? What is the difference between a rebuttable presumption and an irrebuttable presumption? How does FRCP 50 operate with presumptions?

In addition to Question # 106, prep the following presumption: "If a child is born within 300 days of legally married opposite-sex couple living together as husband and wife, the husband shall be presumed to be the father." Husband sues Wife for custody of a child; he must prove paternity as an element of the claim (along with the best interests of the child).

For Tuesday, October 7

Monday audio. Our second make-up will be at 1 p.m. next Monday, October 13.

We will finish a handful of problems from Impeachment. Put a slight twist on Question # 95 (in addition to what is in the book): Could Chris also testify that Joe is a peaceful person? And if he did, could the prosecution introduce the prior violent incidents?

We then move to Trial Process. For tomorrow, prep FRCP 50, FRCrP 29, C&S pp. 5-7 and 413-20, and Questions ## 103-104. We will discuss burdens of persuasion and production; I suggest reviewing your Civ Pro outline for that material.

For Monday, October 6

Tuesday audio.

We begin where we left off on FRE 609. What is the difference between the balancing in 609(a)(1) and (a)(2)? Prep and review Prior Inconsistent Statements and Impeachment Review. I hope to finish Impeachment by Monday or early Tuesday, then move to Trial Process.

I expect to distribute the Prelim Exam on Tuesday, October 14, due in class on Tuesday, October 21. You will have one week, including a Monday that you will not have this class. 

For Tuesday, September 30

Monday audio--One long recording. I expect that a normal class will not produce the traffic we saw today.

Review Character and prep Prior Inconsistent Statements. As you work through these problems, keep the Tom/Ira/Andrew framework in mind and identify who is who. Is there a difference between a "dishonest" act and a "false" act for 608 purposes?

On FRE 609, note that a proposal circulating in the Rules Committee would add the word "substantially" before "outweighs" in FRE 609(b)(1)(B). 

For Monday, September 29 (Double Session)

Monday audio. Double session on Monday, September 29, with a slight change: We will begin at 1 p.m. (not 12:45), then go straight through until 3:15. We will make up the exra 15 minutes at some point.

In class I mentioned Florida's "other sex acts" rule: Florida § 90.404(2)(b)1, an exception to the other-acts rule for child molestation (not adult sexual assault). 

Prep and review everything for Witnesses. Then prep Impeachment: Introduction and Impeachment: Character. We will identify 14 aspects of witness credibility that can be attacked or supported; this is a further breakout of the aspects described in the C&S reading.

 

For Monday, September 22

Tuesday audio. No class on Tuesday. Our first make-up will be at 12:45 on Monday, September 29.

We will finish Sexual Assault. How does the changing paradigm of sexual assault change the effectiveness of FRE 412(a) in protecting victim privacy?

Prep Relevancy Review, which offers a nice capstone to the 400 rules. Then prep all of Witnesses, which will take us through next Monday and then our double session the following Monday.

Our next two sections are Witnesses and Impeachment. The Preliminary Exam will cover through and including Impeachment. So expect it to post sometime in early-/mid-October. It is a one-week take-home, consisting of 6-7 short-answer essays.

 

More on RAP Lyrics and FRE 404

Texas appellate courts overturns conviction where prosecution offered evidence defendant wrote and performed rap.

For Tuesday, September 16

Monday audio. Constitution Week panels tomorrow and Wednesday; both at 12:30 in RDB 1000. We will look for some make-up times for 9:30, TBD. Our first make-up will be at 12:45 on Monday, September 29.

Prep 411 and 408; we will begin with questions 51 and 52, then move to FRE 408. Spend time trying to parse the rule and what is going on.

Prep Sexual Assault, covering FRE 412 (Rape Shield) and FRE 413-415 (special propensity rules).