Silicon Valley Business School

Contents of SVBS Course: Evidence

U.S. federal rules of evidence are presented in this module. Topics covered include relevancy of evidence, character evidence, hearsay, impeachment of witnesses, expert testimony, authentication and privileges.

Learning Objectives and Outcomes

Upon completion of this course you will be able to:

Recite the rules of evidence, as adopted in the U.S. federal courts including relevancy, character evidence, hearsay, witness testimony and impeachment, expert witnesses, authentication and privileges.
List the distinctions between the rules of evidence adopted in California and those adopted in the U.S. federal court system.


Course Sections

The course is organized into the following sections:

Evidence: Introduction to Evidence
Evidence: Relevance
Evidence: Character Evidence
Evidence: Hearsay
Evidence: Witnesses & Impeachment
Evidence: Expert Witnesses
Evidence: Authentication
Evidence: Writings, Recordings, Photographs
Evidence: Privileges
Evidence: California Rules

Evidence: Introduction to Evidence
  • Video ~ Evidence 1 -- Introduction

    • This voice narrated slideshow provides an introduction to the Rules of Evidence in U.S. Federal Courts.
  • Video ~ The Concepts and Rules of Evidence

    		•
  • Video ~ The Rules of Evidence ~ Dramatized, Part 1

    		•
  • Video ~ The Rules of Evidence ~ Dramatized, Part 2

    		•
  • Video ~ Spoiliation & Duty to Preserve Evidence

    • What is spoliation? This video discusses the obligation to preserve evidence in a civil litigation.
  • Reading ~ Evidence: An Overview

    • This article gives an overview of the Rules of evidence, i.e. the rules by which a court determines what evidence is admissible at trial.
  • Slideshow Handout ~ Evidence 1 -- Introduction

    • PDF slides for the learning material titled: "Video ~ Evidence 1 -- Introduction".
  • Reference ~ Current Version of the Federal Rules of Evidence (FRE)

    • Quickly scan the reference materials to acquaint yourself with the rules.
  • Reading ~ How Does a Judge Rule on Objections?

    • When a lawyer says "objection" during court, he is telling the judge that he thinks his opponent violated a rule of procedure. A judge can rule one of two ways: she can either "overrule" the objection or "sustain" it. When an objection is overruled it means that the evidence is properly admitted to the court, and the trial can proceed. When an objection is sustained, the lawyer must rephrase the question or otherwise address the issue with the evidence to ensure that the jury only hears properly admitted evidence.
  • Reading ~ Burden of Production

    • “Burden of Production” refers to a party's obligation to come forward with sufficient evidence to support a particular proposition of fact.
  • Reading ~ Burden of Persuasion

    		•
    Evidence: Relevance
  • Video ~ Evidence 2 -- Relevancy

    		•
  • Video ~ Relevance

    • This video discusses the concept of "Relevance" under the Federal Rules of Evidence and the California Evidence Code.
  • Video ~ Rule 401. Logical Relevance

    • This video focuses on "Logical Relevance" under Rule 401 of the Federal Rules of Evidence.
  • Video ~ Rule 403. Discretionary Relevance

    • This video focuses on "Discretionary Relevance" under Rule 403 of the Federal Rules of Evidence.
  • Slideshow Handout ~ Evidence 2 -- Relevancy

    • PDF slides for the learning material titled: "Video ~ Evidence 2 -- Relevancy".
  • Reference ~ Relevance and its Limits

    • Quickly scan the reference materials to acquaint yourself with the rules.
  • Reading ~ Rule 401. Test for Relevant Evidence

    		•
  • Reading ~ Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

    		•
  • Reading ~ Rule 407. Subsequent Remedial Measures

    		•
  • Reading ~ Rule 408. Compromise Offers and Negotiations

    		•
  • Reading ~ Rule 409. Offers to Pay Medical and Similar Expenses

    		•
  • Reading ~ Rule 410. Pleas, Plea Discussions, and Related Statements

    		•
  • Reading ~ Rule 411. Liability Insurance

    		•
  • Reading ~ Rule 412. Sex-Offense Cases: The Victim

    		•
  • Reading ~ Rule 413. Similar Crimes in Sexual-Assault Cases

    		•
  • Reading ~ Rule 414. Similar Crimes in Child Molestation Cases

    		•
  • Reading ~ Rule 415. Similar Acts in Civil Cases Involving Sexual Assault or Child Molestation

    		•
    Evidence: Character Evidence
  • Video ~ Evidence 3 -- Character

    		•
  • Video ~ Character Evidence

    		•
  • Slideshow Handout ~ Evidence 3 -- Character

    • PDF slides for the learning material titled: "Video ~ Evidence 3 -- Character".
  • Reading ~ Rule 404. Character Evidence; Crimes or Other Acts

    		•
  • Reading ~ Rule 405. Methods of Proving Character

    		•
  • Reading ~ Rule 406. Habit; Routine Practice

    		•
    Evidence: Hearsay
  • Video ~ Evidence 4 -- Hearsay

    • Hearsay is defined in federal rules as a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.
  • Video ~ Hearsay

    • What is hearsay? This video discusses the principle that out-of-court statements generally cannot be admitted for the truth of the matter asserted.
  • Video ~ Non-Hearsay

    		•
  • Video ~ Overview of the Hearsay Rule

    • This video discusses the Hearsay Rule under the Federal Rules of Evidence and the California Evidence Code.
  • Slideshow Handout ~ Evidence 4 -- Hearsay

    • PDF slides for the learning material titled: "Video ~ Evidence 4 -- Hearsay".
  • Reading ~ Rule 801. Definitions

    		•
  • Reading ~ Rule 802. The Rule Against Hearsay

    		•
  • Reading ~ Rule 803. Exceptions to the Rule Against Hearsay

    		•
  • Reading ~ Business Records Exception

    		•
  • Reading ~ Rule 804. Hearsay Exceptions; Declarant Unavailable

    		•
  • Reading ~ Rule 805. Hearsay Within Hearsay

    		•
  • Reading ~ Rule 806. Attacking and Supporting the Declarant

    		•
  • Reading ~ Rule 807. Residual Exception

    		•
    Evidence: Witnesses & Impeachment
  • Video ~ Evidence 5 -- Witnesses & Impeachment

    		•
  • Video ~ Rule 608 Character Evidence of Truthfulness or Untruthfulness

    		•
  • Video ~ What is a Subpoena?

    		•
  • Slideshow Handout ~ Evidence 5 -- Witnesses & Impeachment

    • PDF slides for the learning material titled: "Video ~ Evidence 5 -- Witnesses & Impeachment".
  • Reading ~ Rule 601. Competency to Testify in General

    		•
  • Reading ~ Rule 602. Need for Personal Knowledge

    		•
  • Reading ~ Rule 607. Who May Impeach a Witness

    		•
  • Reading ~ Rule 608. A Witness

    		•
  • Reading ~ Rule 609. Impeachment by Evidence of a Criminal Conviction

    		•
  • Reading ~ Rule 610. Religious Beliefs or Opinions

    		•
  • Reading ~ Rule 611. Mode and Order of Examining Witnesses and Presenting Evidence

    		•
  • Reading ~ Rule 612. Writing Used to Refresh a Witness

    		•
  • Reading ~ Rule 613. Witness’s Prior Statement

    		•
  • Reading ~ Rule 614. Court’s Calling or Examining a Witness

    		•
  • Reading ~ Rule 615. Excluding Witnesses

    		•
    Evidence: Expert Witnesses
  • Video ~ Evidence 6 -- Experts

    		•
  • Video ~ What is an Expert Witness?

    • This video introduces some of the criteria for a witness to testify as an expert.
  • Reading ~ Expert Witness

    • Normally, courts prohibit witnesses from testifying based on their own opinions or analysis. Courts relax these rules for “expert witnesses” testifying about matters within their field of expertise. Generally speaking, experts may testify about their conclusions in a case so long as their analysis is scientifically sound.
  • Slideshow Handout ~ Evidence 6 -- Experts

    • PDF slides for the learning material titled: "Video ~ Evidence 6 -- Experts".
  • Reading ~ Rule 701. Opinion Testimony by Lay Witnesses

    		•
  • Reading ~ Rule 702. Testimony by Expert Witnesses

    		•
  • Reading ~ Rule 703. Bases of an Expert

    		•
  • Reading ~ Rule 704. Opinion on an Ultimate Issue

    		•
  • Reading ~ Rule 705. Disclosing the Facts or Data Underlying an Expert

    		•
  • Reading ~ Rule 706. Court-Appointed Expert Witnesses

    		•
    Evidence: Authentication
  • Video ~ Evidence 7 -- Authentication

    		•
  • Video ~ Authentication

    • This video discusses "Authentication" under the Federal Rules of Evidence and the California Evidence Code.
  • Slideshow Handout ~ Evidence 7 -- Authentication

    • PDF slides for the learning material titled: "Video ~ Evidence 7 -- Authentication".
  • Reading ~ Rule 901. Authenticating or Identifying Evidence

    		•
  • Reading ~ Rule 902. Evidence That Is Self-Authenticating

    		•
    Evidence: Writings, Recordings, Photographs
  • Video ~ Rule 1002. Best Evidence Rule

    		•
  • Reading ~ Best Evidence Rule

    		•
  • Reading ~ Rule 1001. Definitions

    		•
  • Reading ~ Rule 1002. Requirement of the Original

    		•
  • Reading ~ Rule 1003. Admissibility of Duplicates

    		•
  • Reading ~ Rule 1004. Admissibility of Other Evidence of Content

    		•
  • Reading ~ Rule 1005. Copies of Public Records to Prove Content

    		•
  • Reading ~ Rule 1006. Summaries to Prove Content

    		•
  • Reading ~ Rule 1007. Testimony or Statement of a Party to Prove Content

    		•
  • Reading ~ Rule 1008. Functions of the Court and Jury

    		•
    Evidence: Privileges
  • Video ~ Evidence 8 -- Privileges

    		•
  • Video ~ Spousal & Other Privileges

    		•
  • Video ~ Attorney Client Privilege

    		•
  • Slideshow Handout ~ Evidence 8 -- Privileges

    • PDF slides for the learning material titled: "Video ~ Evidence 8 -- Privileges".
  • Reading ~ Rule 501. Privilege in General

    		•
  • Reading ~ Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver

    		•
    Evidence: California Rules
  • Video ~ Evidence -- California Rules

    • This voice narrated slideshow contrasts some of the rules of the California Evidence code with the Federal Rules of Evidence.
  • Slideshow Handout ~ Evidence -- California Rules

    • PDF slides for the learning material titled: "Video ~ Evidence -- California Rules".
    Certificate Course
    This certificate tracks your progress and tests you in each section. Once you have passed all the quizzes, submitted an assignment and reviewed all the materials, you will be awarded a certificate of completion.