Trial Evidence 2011: Advocacy, Analysis, & Illustrations

25 Pages Posted: 1 Feb 2014

See all articles by Martin A. Schwartz

Martin A. Schwartz

Touro College - Jacob D. Fuchsberg Law Center

Deborah Jones Merritt

Ohio State University (OSU) - Michael E. Moritz College of Law

William Young

United States District Court for the District of Massachusetts

Date Written: 2012

Abstract

Relevance, unfair prejudice, character evidence, and hearsay are the four cornerstones of trial evidence. These principles have governed Anglo-American law for centuries, but they continue to evolve. New legal claims and courtroom disputes will similarly reshape evidentiary rules in the years to come. This article reviews fundamental evidentiary principles as well as recent developments in evidence law, concentrating on the Federal Rules of Evidence, and where applicable, comparing the Federal Rules of Evidence to New York State evidentiary rules.

Notably, many of New York’s evidence principles mirror the Federal Rules. However, New York is one of the relatively few states that does not have an evidence code; most New York evidence law derives from decisions of the New York courts. While mainly similar, there are some differences between federal evidence law and New York evidence law that are also analyzed by the authors.

Keywords: evidentiary rules, Federal Rules of Evidence, New York evidence law, character evidence, prejudice, relevance, hearsay

Suggested Citation

Schwartz, Martin A. and Merritt, Deborah Jones and Young, William, Trial Evidence 2011: Advocacy, Analysis, & Illustrations (2012). 28 Touro L. Rev. 1 (2012), Available at SSRN: https://ssrn.com/abstract=2378430

Martin A. Schwartz (Contact Author)

Touro College - Jacob D. Fuchsberg Law Center ( email )

225 Eastview Drive
Central Islip, NY 11722
United States

Deborah Jones Merritt

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States
614-247-7933 (Phone)
614-292-4868 (Fax)

William Young

United States District Court for the District of Massachusetts ( email )

One Courthouse Way
Suite 5710
Boston, MA 02210
United States

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