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Evidence and the Advocate: A Contextual Approach to Learning Evidence,Used
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Evidence and the Advocate teaches each rule of evidence using a three pronged approach: (1) a treatiselike explanation of the rule, its purposes, exceptions and foundations; (2) cases, discussion questions and hypothetical problems related to the rule; and (3) an application section in which the students must prepare a courtroom exercise putting the rule into action. This approach forms a teaching template for each rule of evidence.Each application exercise stands alone and has been designed to illuminate the rule being taught. The application exercises range from simple formofquestion drills to fullfledged evidentiary hearings. Some require minimal preparation, and others require significant outofclass research and preparation. In the exercises, students serve as attorneys, witnesses, judges, and, in the more involved exercises, as a court of appeals. The exercises build on each other. The initial exercises focus on fundamental advocacy skills such as conducting a direct examination or laying the foundation for an exhibit. Later exercises incorporate these foundational skills for more complicated tasks such as writing a motion, impeaching a witness, or conducting a Daubert hearing on the reliability of expert testimony.
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