The New Wigmore: A Treatise on Evidence Book

The New Wigmore: A Treatise on Evidence is an authoritative guide with answers to evolving questions in civil and criminal litigation . The series presents the same quality of research, thought, and analysis as the original Wigmore, creating a genuine present-day counterpart to the seminal evidence treatise. Selected Rules of Limited Admissibility, by David Leonard, provides a sophisticated framework for lawyers and judges to understand and apply the rules that exclude evidence for policy reasons. Included are extensive discussions of: The latest amendments to Federal Rule 408 Party-oriented limited admissibility in criminal cases The types of agre ments that qualify as â??Mary Carterâ? agreements Evidence of nolo contendere pleas when the party who entered the plea brings a civil action based on the same event Admissibility of evidence of investigations conducted by a party Remedial measures taken before the event giving rise to the action or taken by a third party, or required by a government authority The use of limiting instructions and proper timing The use the doctrine of â??detrimental relianceâ? to enforce a plea agreement the government seeks to abolish The admissibility of settlement agreements that, if not disclosed, might lead to distorted fact-finding The propriety of informing the jury that there has been a settlement of claims involving a part Evidentiary Privileges, by Edward J. Imwinkelried, offers unique analysis of recent evidentiary problems including application of the attorney-client privilege to government agencies and corporate entities, and the difficulty of determining exactly who holds the privilege. In these two volumes, youâ??ll find also a practical framework for evaluating the existence or scope of new privileges, as well as coverage of issues like these: The common interest or joint defense privilege Skirmishes over the DOJâ??s policies regarding corporate waiver of attorney-client privilege Privilege for mediation proceedings Burns v. Commonwealth, where the Virginia Supreme Court sharply limited the protection for confidential spousal communications The latest cases recognizing a constitutional right to informational privacy Protections for journalists and who qualifies The governmental attorney-client privilege The First Circuit decision holding that in certain circumstances, even when an individual corporate officer has a personal attorney-client privilege with corporate counsel, the corporation may unilaterally waive the privilege The latest cases on the waiver consequences of inadvertent production during pretrial discovery Expert Evidence, by David H. Kaye, David E. Bernstein and Jennifer L. Mnookin, describes and analyzes all major facets of the law of evidence pertaining to expert evidence, including: Federal Rule 702 on expert testimony implementing the Supreme Courtâ??s opinions in Daubert, Joiner and Kumho Tire Objecting to expert testimony before and at trial Cases questioning the admissibility of previously established techniques in forensic science such as fingerprints, bullet lead, and DNA Methods for evaluating statistical evidence and enhancing statistical testimony at trial Medical and diagnosis evidence The historical origins of demonstrative evidence and recent social science research on visual processin The lastest volume, Evidence of Other Misconduct and Similar Events, by David P. Leonard, is a comprehensive, scholarly analysis of when evidence of crimes, wrongs, or acts other than those at issue in a trial may be admitted into evidence. The author analyzes the history of the prohibition on character evidence in England and the United States and the development of exceptions to the rule, discusses how courts should analyze questions of character evidence, and treats in detail the various exceptions such as motive, opportunity, preparation, plan, modus operandi, and identity. Read More