Teachers' Manual to Green, Nesson & Murray, Problems, Cases and Materials on Evidence, 3rd Edition.


This teacher's manual is designed to assist colleagues who use the materials collected, arranged, and discussed in the 3rd Edition of Problems, Cases and Materials on Evidence as a textbook in a basic 3 or 4 semester/hour basic course on Evidence. Colleagues' attention is drawn to the Green, Nesson & Murray Evidence Web Site (www.law.harvard.edu/publications/evidenceiii/index.html) which contains all of the contents of the 3rd Edition, this teachers' manual, the text of the Federal Rules of Evidence with Advisory Committee Notes, and an abundance of other evidence material.

The numbers after the titles of cases, problems and other materials referred to in this teachers' manual are the page number in the 3rd Edition at which the material referred to is to be found.

The suggestions of the authors about how the selected materials in the casebook should be understood or taught are not intended to be definitive. The materials are rich enough to support a number of didactic points or perspectives for reflection. Colleagues should consider the authors' suggestions and points of departure for development of their own pedagogy from these materials. The authors welcome colleagues' feedback, ideas and suggestions on the materials in the 3rd edition and on the web site, and on this teacher's manual.

Cambridge, Massachusetts

December 2000

Contents of Teacher's Manual
Chapter I:  Relevance
  Introduction (1)
  A. Materiality (3)
  B. Logical Relevance (16)
  C. Conditional Relevance (28)
  D. Prejudice and Probative Value (50)
  E. Problems in Circumstantial Proof (69)
  F. Probability and Statistical Proof (93)
Chapter II: Categorical Rules of Evidence
  A. Subsequent Remedial Measures (132)
  B. Settlement Offers and Payment of Medical Expenses (144)
  C. Pleas and Related Statements (150)
  D. Proof of Insurance (158)
Chapter III: Evidence of Character
  Introduction (171)

A. The Propensity Rule (174)
  B. Exceptions to the Propensity Rule (235)
  C. Character and Habit (266)
  D. Character Evidence in Sexual Assault Cases (274)
Chapter IV: Competency, Examination, and Credibility of Witnesses
  A. Competency of Witnesses (330)
  B. Form and Scope of Examination of Witnesses (360)
  C. Cross Examination and Witnes Credibility (363)
  D. Impeachment by Character Evidence (371)
Chapter V: Hearsay
  A. The Rules Against Hearsay (407)
  B. Statements of a Party Opponent (427)
  C. Prior Statements of a Witness (452)
  D. Exceptions to the Hearsay Rule-- Declarant Unavailable (464)
  E. Hearsay Exceptions-- Availability of Declarant Immaterial (474)
  F. Exceptions to the Hearsay Rule-- The "Residuary Exception" (503)
Chapter VI: Hearsay and the Confrontation Clause
  Introduction (559)
  Chapter 6
Chapter VII: Privileges
  A. Priviledges in General (601)
  B. The Lawyer-Client Priviledge (618)
  C. The Lawyer-Client Priviledge in the Corporate Context (679)
  D. The Psychotherapist- Patient Priviledge (710)
  E. The Husband-Wife Priviledge (734)
Chapter VIII: Opinions, Scientific Proof, and Expert Testimony
  A. Lay Opinions (754) 
  B. Law Opinions (766) 
  C. Expert Testimony, Scientific Proof, and Junk Science (771) 
  D. Court Appointed Experts (922) 
Chapter IX: Authentication and Identification: Writings, Photographs, Voices, and Real Evidence
  A. Authentication (946)
  B. The "Best Evidence" Rule (982)
Chapter X: Allocation, Inference, Burdens, and Presumptions
  Introduction (1019)
  A. Allocation in Civil Cases (1021)
  B. Inference and Speculation: What is the Difference Between Reasoning and Guessing? (1028)
  C. Strategies for Bridging the Gap (1031)
  D. Civil Presumptions and Rule 301 (1032)
  E. Allocation and Presumption in Criminal Cases (1075)
  F. Criminal Presumptions: Are There Problems with the Fifth Amendment and the Presumption of Innocence? (1089)
  G. Criminal Presumptions and Rationality (1098)