We created these video "mini-classes" to help you review evidentiary principles. See below for videos associated with particular chapters, as well as ones that integrate material from several chapters.
Chapter 34: Character Evidence in Civil Cases View Video. Erin Brock, the lawyer for a sex discrimination plaintiff, uses her superior knowledge of character evidence to negotiate a settlement with the defendant's attorney (Ted Boot). Stop the video after each of Ted's statements and see if you can formulate Erin's response. Bonus question: If the case goes to trial, can the plaintiff introduce Ted's statement about the manager's "old fashioned" behavior?
Chapter 46: Prosecution Dilemma 2.0 View Video. US Attorney Sherry Holmes and her assistant, Ken Watson, discuss a difficult case. The government will prevail only if Ken can identify a hearsay exception to admit the victim's statements. Pause before each of Ken's statements to formulate your own responses.
Chapter 55: The Joint Action View Video. Mary Green discusses pending criminal charges with her public defender. The charges resemble those in United States v. Mares, 441 F.3d 1152 (10th Cir. 2006). Pause the video after each of Mary's statements and consider how you would respond if you were the public defender.
Chapter 58: The Trial of Sir Walter Raleigh View Video. Here is a contemporary re-creation of the trial of Sir Walter Raleigh. The video draws much of its language from the trial record.
Chapter 71: Shall We Dance? View Video. Cindy and her fiance explore the four types of presumptions used in the law.
The Tattooed Lip View Video. This video depicts Chuck Cowen's testimony in United States v. Yazzie, 188 F.3d 1178 (10th Cir. 1999). Yazzie was charged with murdering Thomas Briggs. To support his self defense claim, Yazzie called the bartender who testifies in this movie. Is the testimony admissible evidence of habit or inadmissible character evidence? Should the judge exclude any of the testimony under Rule 403? The script accurately reports Cowen's evidence as summarized by the appellate court. Patty Mason, the public defender seen in the Chapter 55 video, conducts the examination in this fictionalized version.
Crack Addict on the Stand View Video. The United States has charged Henry Johnson with distribution of crack cocaine. In this clip, prosecutor Derek Obama (alter ego of the President) calls one of his witnesses against Johnson. The witness, Mary Green, answers as best she can. What objections would you raise as defense counsel? What questions would you ask on cross examination? The testimony is based on United States v. Johnson, 584 F.3d 731 (7th Cir. 2009), with slight embellishment. You met the unfortunate Mary Green in the Chapter 55 video.
Witness for the Prosecution View Video. US Attorney Sherry Holmes and her assistant, Ken Watson, discuss another difficult case. Are they right to worry about defense counsel's cross examination of this witness? Will defense counsel be able to ask about the tattoos? What about displaying them to the jury? The discussion is based on United States v. Figueroa, 548 F.3d 222 (2d Cir. 2008).
Med Mal Chapter One View Video. Dr. Ronald Trump has been sued for medical malpractice. He shares his feelings about the suit with an unidentified woman. Is the conversation privileged? Or will the plaintiff be able to force the woman to repeat the conversation in court? Does it matter whether the woman is Trump's wife, friend, or mistress? This video was inspired by a similar scene in Robin Cook's thriller Crisis, and the characters adapt some of the lines from that book.
Med Mal Chapter Two View Video. Dr. Trump (from the previous video) has hired trial attorney Florence Lee Bailey. Trump reveals that the woman in "Med Mal Chapter One" was his mistress. Bailey advises Trump on those disclosures, as well as on his facebook posts. This video, like "Med Mal Chapter One," builds loosely on a scene from Robin Cook's Thriller Crisis and draws some language from that scene.
Justin Lands a Job View Video. Social media have created headaches for attorneys and their clients. Firms may not yet need "social media forensic specialists," but Justin's imaginary job allows you to review some issues related to social media evidence.