Evidence Class Assignments- 2015
Welcome to the evidence class!
Most of the topics covered in the evidence class concern the substance of oral testimony given by witnesses during a trial. If you do not understand what courtroom testimony is like, you will have a hard time understanding a lot of the issues presented in the evidence class.
Therefore, we will spend the first week (the first two classes) on witness examination (you must have known this was going to be a different kind of class when you saw that Emanuel's was the principal text).
First class (Monday Aug 24), we will do some direct and cross examination of a witness - Officer J. Bier of the Hawaii Liquor Commission. All of you should prepare both direct and cross-examination as well as be prepared to play the role of Officer Bier for this problem.You can find the facts and map for the witness examination problem at
which is on my website.
My website also has a short handout about direct and cross examination that might be helpful for your preparation for the first day.
You can also find the facts (as well as many other things such as the syllabus and Handouts) on my evidence web site (Barkai’s Evidence Web Page) click the link “Witness exam problem.”
The syllabus will be posted in the near future. I am currently editing down the cases and problems for the Handouts.
Second class (Wednesday Aug 26).I will assign teams to read the Evidence Play out loud in class on the second day of class. Download the transcript from the link above. I will assign roles to those people on my class list and notify you of your role by email.
All handout materials will be posted on Laulima and also placed in a Dropbox folder which I will give you all access to. The handouts will also be available for purchase at Professional Image
You can easily find my website by googling “john barkai” and going to my homepage. From my homepage, click the link Evidence - Law 543
The assignments for the first week are posted below.
The first two Handouts for the course will should be available next week at Professional Image if you want to purchase paper copies.You will not need the handouts for class on Monday or Wednesday August 24 & 26. I will notify you when they are available at Professional Image.I personally would want paper copies, but you might be able to work completely from the e-documents.
I will post the handouts on Laulima, but I think you will find my Dropbox folder much easier to use because you can copy all files at one time from Dropbox, not just one at a time like Laulima.
The link to my Dropbox evidence share folder is:
IMPORTANT: please only “copy” and don’t “move” Dropbox files because if you move the file, none of the rest of us will have access to the files.
Useful links for my web materials are:
My home page
This evidence class
Witness exam problem
Principles of Direct & Cross Examination. Some Common Legal Objections
Evidence Play (we will do this on Wednesday, Aug 26th. I will assign roles).
If you know a fellow student who is taking this class, but is not currently registered for it, you should forward that person this e-mail so they have the assignment and the links.
John Barkai
EVIDENCE (Law 543)
SYLLABUS FALL 2015
Prof. John Barkai9566546 (Office)
Office: 238 Law SchoolE-Mail:
Office Hours: M/W 3:15- 4, or by appointment (or just drop by)
Class times: M & W 1:30-3:10
Faculty Support Specialist- Kelly Hernandez 956-7004
Web Site:
Evidence Page
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EM =Emanuel Law Outlines, Evidence (8th ed. 2013) or (7th ed. 2010)
HO1 =Hawaii Rules of Evidence (HRE) with Commentary, Federal Rules of Evidence (FRE); FRE Advisory Committee Notes
HO2 =Cases & Problems: Relevance, Competence, Witness Examination, Authentication, Best Evidence, Impeachment
HO3 =Cases & Problems: Hearsay, Character & Habit, Other Relevance Issues, Lay and Experts Opinions, Privileges, Presumptions, Judicial Notice
HO4 =Comparing HRE to FRE, Side-by-side Comparison Charts, HRE & FRE Capsule Summaries & Comparisons
READINGS: When the syllabus states, for example, "HO2:xx-xx," "EMxx," or "Rxx," read the corresponding pages in Handout # 2, Emanuel, or the specified Hawaii AND Federal rules of evidence. When an evidence rule is assigned, read both the Hawaii and the Federal rule and skim the HRE Commentary. On the syllabus, sometimes the page numbers of Emanuel’s have a “t” “m” or “b” – that means “top” “middle” or “bottom” of the page.
Reading assignments in HO2 and HO3 frequently include very short case notes from Goode & Wellborn’s Courtroom Evidence Handbook which are designed to give you a flavor of cases decided under specific FREs.
You will be askedto do one court observationand oneCALI computer exercise. More information about these assignments is at the end of this syllabus.These requirements (court observationand CALI exercise) are credit/no credit.
Date / ASSIGNMENTAug 24 / M / OVERVIEW OF EVIDENCE COURSE
INTRODUCTION TO LAW OF EVIDENCE
What is Evidence?
Sources of Evidence Law: Common law, Federal & Hawaii Rules of Evidence
Applicability of Rules: H/FRE Rules 101, 102, 1101
Basic Concepts of a Trial EM: 1-7t
Objections & Offers of Proof; H/FRE Rule 103, 105
INTRODUCTION TO DIRECT & CROSS EXAMINATION
Hawaii Liquor Commission v. Jones. Prepare & perform direct and cross examination. Be able to play the role of Officer Bier. The facts are available on my website
as the Witness exam problem
Also on the website is Basic Principles of Direct Cross Examination. Some Common Legal Objections
that should be helpful for your preparation.
Aug 26 / W / EVIDENCE PLAY - OVERVIEW OF EVIDENCE ISSUES
A play (Pai v. Dela Cruz) to be performed by the class. I will assign roles among students registered for the class.
Transcript available at: