Articles

Beyond knowing the mechanics of the rules of evidence, effective advocates use the rules as weapons of persuasion. And like any legal doctrine, spotting the key issue is essential—even if it's not the most obvious. There's reference to an out-of-court statement? Many lawyers jump straight to a hearsay analysis. But with hearsay having so many exceptions, the most obvious objection may not be the most effective. What about relevance? What about foundation? 

Equally important is the ability to ad...

When it comes to evidentiary disputes, it can be tough to predict how a particular judge will rule. What is inadmissible character evidence (Rule 404(a)) to one judge might be admissible "other acts" evidence (Rule 404(b)) to another.

And when it comes to expert opinion testimony, there can be even more uncertainty. A judge considering a shaky opinion might—citing the Supreme Court's landmark ruling, Daubert v. Merrell Dow Pharmaceuticals, Inc.—exclude the opinion on the ground that it is fulfi...

Beyoncé. Lebron. Magic. With some celebrities and athletes, just their first name or nickname will do.

You never hear people say, "Cher? Cher who? What's her last name?"

The same goes for some appellate opinions. Take Miranda. Any cop movie invariably includes a scene where the cranky veteran chews out a younger officer for violating a suspect's Miranda rights. From Dirty Harry to 21 Jump Street, Miranda is as common in police movies as a car chase.

In the recent case of San Francisco Print M...