The Using the Review Page highlights suggestions to enhance the information provided in each issue of the Federal Evidence Review and on the FederalEvidence.com site. Select from the menu below for the feature you wish to consult.
A. Case Summary Highlights
The Review covers as many evidence cases as possible from the prior month to its publication, providing a "snapshot" of federal evidence case law as it evolves. The Review is comprehensive in its monthly coverage. The eleven highlights in each case summary are noted below:
Finding the latest evidence information you can use now
The Federal Evidence Review is organized to allow you to find and use the latest information in evidence law. This approach allows you to decide what you need from any particular case.
As depicted above, the cases reviewed are organized in chronological order so you can find the cases by rule (e.g., expert rules under FRE 702, the latest on hearsay cases, or the recent Confrontation Clause decisions) [See Level (1)]. The evidence principle summarizes the evidence holding and implications for the case. [Level (4)] Want to know more, read on. Not interested in the particular case, then turn to the next case or rule that you can use in your practice.
Most case summaries are one to two pages. You can print or tear out the cases you need and bring them to court or next key meeting. Want to see and read the case now? Most cases reviewed are linked to the case in either an html or pdf format. [Level (2)]
The trial court facts and decision are summarized and followed by the circuit analysis and disposition. [Levels (3) and (5)] Commentary, insight and analysis into the case under review are provided where possible as Comments and Practice Points. [Levels (6) and (7)] The commentary may identify a split in the circuits or parallel cases in support or against the evidence principle. The elements for admitting the particular evidence may be included as a Practice Point. [Level (7)]
Other background information about the case is included in one location at the end of the summary, including the citation, cross-reference, procedural background and type of action/claim or charge. [Levels (8), (9), (10) and (11)]
Under this format, the Federal Evidence Review brings you the latest in evidence law and allows you to find what you need and can use now.
A sample Case Summary is available
- United States v. Barrow, 400 F.3d 109 (2d Cir. March 2, 2005); FRE 702 (Testimony by Experts); appearing in 2 Fed. Evid. Rev. 291 (Apr. 2005)
B. Features and Benefits of the Federal Evidence Review and FederalEvidence.com
In addition, to the many features available in each issue of the Federal Evidence Review (summarized on the Preview The Review Page, and the case summary insight and analysis (noted above), the Federal Evidence Review and FederalEvidence.com contain several other benefits to enhance your use of recent evidence cases and developments.
Federal Rules of Evidence: The complete text of the Federal Rules of Evidence may be accessed through a convenient drop-down box to select a particular rule to examine. Cross-links connect to the companion Advisory Committee Notes.
Advisory Committee Notes: The complete text of the Advisory Committee Notes for each Federal Rule of Evidence may be located through a convenient drop-down box. Cross-links are also included to the companion Federal Rules of Evidence.
Search Page: The Search Page provides a convenient place where many of the cases identified and reviewed in the Federal Evidence Review can be located. In general, almost all sources available on the FederalEvidence.com web site may be searched for through the Search page.
Rule Amendments Page: The Rule Amendments Page provides information and updates about amendments to the Federal Rules of Evidence and the amendment process.
Key Evidence Cases Page: The Key Evidence Cases Page identifies many of the crucial evidence decisions rendered by the United States Supreme Court.
Index Page: The Index provides in one location information about past issues and topics of the Federal Evidence Review, organized by Lead Story, Practice Tips, Circuit Splits, Developing Consensus, Open Issues, Other Significant Evidence Cases, and other categories.
Links Page: The Links Page contains a gateway listing to other useful online resources, including the U.S. Supreme Court, each U.S. Court of Appeals, model jury instructions, as well as Congressional, White House and other links of interest.
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C. Common Citation Conventions Used in the Federal Evidence Review
- FRE: When space or other limitations require, reference to the Federal Rules of Evidence may be cited as the "FRE" rather than to the "Fed.R.Evid."
- ACN: Citation to the Advisory Committee's Notes on the Federal Rules, including the Notes of the Advisory Committee on the Rules of Evidence, may refer to the Notes as "ACN" rather than by its formal name.
2. Case Citation
Each case reviewed in an issue of the Federal Evidence Review is presented with a full citation. The citation is considerably fuller than that recommended by The Blue Book: A Uniform System of Citation (Columbia Law Review Ass'n et al. eds., 17th ed. 2000).
The Review uses the following full citation form for a case reviewed (example taken from a review of the case Commonwealth of Puerto Rico, v. United States):
As noted above:
- The date of the opinion is noted [June 15, 2007].
- The case citation is included if available at the time of publication [490 F.3d 50].
- The case number assigned by the court is included for the case under review [(No. 06-2449)].
- The panel that decided the case is listed [(Boudin, Lipez, Shadur)].
- The author of the opinion is underlined [(Boudin, Lipez, Shadur)].
- The panel judges are presumed to be circuit judges from the circuit of the decision unless the following conventions are used: (CCJ) - indicates a Chief Circuit Judge, in this example Chief Circuit Judge Boudin; (SCJ) - indicates a Senior Circuit Judge; (DJ) - indicates a District Judge; (SDJ) - indicates a Senior District Judge, in this case Senior District Judge Shadur.
- When a Circuit Judge sitting on a panel is from outside the circuit deciding the case, that judge's name and circuit are indicated, e.g., (Hug (9th)) would indicate participation on the panel by Ninth Circuit Judge Procter Hug, Jr.
3. Subsequent Case Citations
Once a full case citation is used, subsequent citations or references to text or a point made in the case is made by a page number appearing within square brackets. For example, citation to a quote from the case of Wills v. Amerada Hess Corp. is indicated by a citation to the specific page in Wills by brackets, as follows:
In the example above, from the case review of Wills v. Amerada Hess Corp. the review of the case provided a full citation to the Wills case in the Federal Reporter 3d, as 397 F.3d 32. The first bracket -- highlighted in yellow -- indicates that the quotation from Wills is from page 41 of the Federal Reporter 3d. The second bracket -- also highlighted in yellow -- "" indicates that the quotation is at page 46 of the Federal Reporter 3d. Citations to the federal Reporter 3d are included as of the time of publication.
D. How to Cite the Federal Evidence Review
Material from the Federal Evidence Review should be cited as follows:
[volume] Fed. Evid. Rev. [page number] (Month Year)
Thus, 8 Fed. Evid. Rev. 40 (Jan. 2011) refers to volume eight of the Federal Evidence Review at page 40, published in January of 2011.
Page numbers in any volume of the Federal Evidence Review are consecutive from the first issue of that volume.
- Volume 1 of the Review was published in 2004
- Volume 2 of the Review was published in 2005
- Volume 3 of the Review was published in 2006
- Volume 4 of the Review was published in 2007
- Volume 5 of the Review was published in 2008
- Volume 6 of the Review was published in 2009
- Volume 7 of the Review was published in 2010
- Volume 8 of the Review is being published in 2011