Overview

Emond Montgomery Publications is pleased to announce the imminent publication of our new, and much anticipated, Rules of Evidence: A Practical Approach by Doug Cochran, Mary Ann Kelly, and Michael Gulycz. All three authors teach evidence to college students in law clerk and paralegal programs. This new student text presents complicated and convoluted concepts in a straightforward and entertaining manner. The legal principles and their practical applications are presented clearly, with the inclusion of many examples to which students can easily relate.

Top ∧Features

• Addresses the learning objectives for one-semester college evidence courses in law clerk, court and tribunal agent, and paralegal programs.
• Uses simple language to explain complex concepts, and practical examples to bring concepts to life.
• Explains the importance of the rules of evidence in the adversarial system.
• Examines the different roles of judge and jury - division of responsibilities, the trial process, and appeal.
• Explains the role of evidence in the court process, including admission and exclusion of evidence.
• Examines burden of proof and standard of proof.
• Examines principles of evidence and basic threshold tests for relevance and materiality.
• Explores circumstantial evidence.
• Considers the admissibility of character evidence.
• Discusses the weighing of prejudice to the accused versus the probity of evidence and its relevance.
• Looks at opinion evidence and its sources of professional expertise.
• Examines the general rule on the admission or exception of hearsay evidence, and considers the many exceptions - both traditional and principled.
• Explains solicitor-client privilege and its importance in an adversarial system.
• Examines self-incrimination and the Canadian Charter of Rights and Freedoms.
• Examines oral evidence techniques such as testing for compellability and competency - from examination to cross-examination to re-examination.
• Discusses the rules of oral evidence such as collateral facts rule, corroboration, and refreshing memory.
• Examines documentary evidence, including photographic, video and computer-generated evidence.
• Includes end-of-chapter review questions to facilitate active learning.
• Includes a teacher's guide that provides the answers to review and discussion questions, as well as teaching tips and strategies.

Top ∧Content Summary

PART I   The Basic Concepts and Fundamental Principles

• Who's Who in the Courtroom
• Evidence in the Decision-Making Process
• Burden, Standard of Proof, and Presumption
• Fundamental Principles

PART II   Exclusion of Evidence That May Be Relevant and Material

• Hearsay
• Traditional Exceptions to the Hearsay Rule
• The Principled Exception to the Hearsay Rule
• Character Evidence
• Opinion Evidence
• Privilege

PART III   Evidence and The Charter

• Self-Incrimination
• Wrongfully Obtained Evidence

PART IV   Methods of Presenting Evidence

• Forms of Presenting Evidence
• Issues Relating to Oral Evidence