This course examines proof in litigation, particularly during trial. Both the logic and the law of evidence and proof are considered. Hence, while legal rules governing proof in litigation are studied with great care, the structure of factual inference in an adversary system of litigation is also closely scrutinized.

 This course has several principal objectives. First, the course seeks to prepare you to deal both effectively and expeditiously with the sorts of evidence problems that surface regularly in trials and other legal proceedings. Second, the course aims to enhance your ability to think both logically and methodically about evidence in litigation. Third, the course attempts to acquaint you with some of the broad philosophical, political, social, ethical, moral, and economic issues presented by the existence of various types of legal rules that regulate evidence and proof in litigation. For example, the controversial question of the possible symbolic, expressive, or cathartic functions of rules of evidence is occasionally highlighted in this course.
 
Specific topics in the course include procedural rules governing the admission and exclusion of evidence; opening statements and closing arguments; the meaning of “evidence;” the question of the existence of distinct types of evidence; relevance; undue prejudice; rules based on “collateral policy” (such as the policy of minimizing the “waste” of resources); standards of proof and persuasion; “circumstantial” character evidence, including sexual propensity evidence; evidence of habit and routine business practice; testimonial impeachment and rehabilitation; authentication; real and demonstrative evidence, including virtual reality evidence and computer-generated simulations; rules peculiarly applicable to documentary evidence; expert and scientific evidence, including overtly-probabilistic and statistical evidence; and, if time permits, one or two non-constitutional privileges (such as the “marital secrets” privilege).

While much of the doctrinal analysis in the course revolves around the Federal Rules of Evidence, some common law rules of evidence are also examined. As a general matter, however, the course avoids constitutionally-generated rules of evidence. For example, the privilege against self-incrimination is not considered. Nonetheless, a few constitutionally-grounded rules of evidence are examined. For example, some of the underpinnings of the constitutional right of an accused to present relevant and material exculpatory evidence are considered.

The internet is an integral part of the course. Some course materials are made available only over the internet.