Capsules 9B-10: Modes of Proof

The capsules in this section all address the way in which evidentiary issues come to be framed and proven in a trial setting.  It introduces a number of legal doctrines involving the adversarial process including: the rule against splitting the case, admissions by parties, judicial notice and calling witnesses (witness competence and compellability).

Capsule 9B – The Rule Against Splitting the Case

Capsule 10A – Modes of Proof: Admissions 

Capsule 10B – Modes of Proof: Judicial Notice

Capsule 10C – Modes of Proof: Witness Competence and Compellability

A few caveats for anyone relying upon these materials:

  1. Needless to say, this is not legal advice.  It is designed to provide introductory explanations of certain topics in the law of evidence.
  2. These materials were designed for my students taking part in the Flipped Classroom – as such they are NOT supposed to be comprehensive or exhaustive of the subject.
  3. They were made with time constraints in mind.  There are errors throughout, and though I feel confident about the product generally, I did not attempt to correct every mistake made.  The goal was to put a good product together in a short period of time.
  4. Often, in the interests of time, certain points are generalized.  This doesn’t mean they’re “wrong”, but nuances are often fleshed out in the course materials or in class.  Rather than include caveats with every sentence, I sometimes make broad generalizations even though I’m aware there might be exceptions that can occasionally arise.  Again, the goal is to promote a generalized understanding that provides a platform for deeper learning.
  5. I will heartily disavow any attempt to rely upon these in conflict with another Professor, judge, lawyer, etc.  Thus, anyone who says “yes, but Professor Sankoff said X”… will receive no support from me!  Especially where exams are concerned, it is always good practice to follow your Professor’s view of the law.  If this material helps you, by all means use it, but do so with care.

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