1.1-- The five themes of evidence: relevance, hearsay, character, privilege,
expertise
1.2-- Books to read: a) Gary Wills, Lincoln at Gettysburg (rhetorical
theory); 2) Steven Pinker, How the Mind Works; (x-1) Paul Levinson, The
Soft Edge.
1.3-- Shades of connoisseurship: 1) art = foreign object to connect
to own experience; 2) the object was MADE. Note brushstrokes, forms, lines;
3) classify, construct, categorize; 4) back to 1. Respond emotionally within
context and craft history; 5) live within the work of art, understanding
yourself to be an artist.
1.6-- Ethics, strategy, and privilege. Using, not abusing, the space
between that which we know to be true and what we know the other side can
prove.
1.7-- Ten minutes of evidence. Rules 104(a)
and 104(b) create a fundamental distinction between relevance and everything
else. In relevance rulings, judge makes a derivative judgment about what
a reasonable person would think. Everywhere else, s/he is the sole decider
of FACT.
1.8-- Gatekeeping rule: amount of evidence you need is contextual.
What you must prove depends upon whom you must prove it to and what stage
of the game it is.
