by Dean Willard B. Riano
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Like the previous edition, this work was conceptualized as a basic reference material for the bar reviewee and the new lawyer. This work, like the author’s earlier work on the subject, also represents an attempt to provide a fresh look at the basic principles of evidence. In so doing, this work departs from the traditional presentation on the subject, a presentation often described as too rigid and formalistic bordering on an almost abstract methodology.
While the format of the present work is substantially different from the author’s earlier work, it is written with the same goal of making evidentiary concepts more understand-able so the reader may realize that the rules of evidence are neither mysterious nor profound, such rules having been primarily derived from sheer logic and common reason.
The language of this work is often simple and at times conversational and departs from the usual large doses of “legalese” common in legal treatises. Concepts had been re-arranged to give rhyme and rhythm to the rules and to approximate how the most significant and commonly used evidentiary concepts are presented both in the bar examinations and in litigation.
As mentioned, this work is written primarily for the student of law who, in a bar examination situation, would be confronted with the need to formulate answers in the shortest time possible. To enable the reader to get a “feel” of the rules, this work made liberal use of both bar examination concepts, practical illustrations and judicial interpretations of evidentiary principles. This work, however, could likewise be a resource material for lawyers who wish to view the rules of evidence from a non-traditional vantage point in the hope that they may realize, from their experiences, that the principles of evidence as used in the field, have edges that have been dulled and obscured by less endearing habits in the courtroom.
While this work makes no pretensions to comprehensive-ness, care has been taken to treat the subject in a manner that is neither too abridged nor too expanded so the reader would get a fair share of the fundamentals needed to squarely face the demands of the bar examinations and the rigors of trial on the subject.
This new material remains anchored on the practical principle that a bar candidate does not have to know everything on each bar subject. Knowing everything has never been a mandatory requirement for passing the bar. It will never be. Also, the breadth and scope of bar examination topics yield to the conclusion that a profound knowledge of every nook and cranny of each legal principle is next to impossible. Hence, emphasis has been accorded to those topics normally involved in the bar examinations for the past thirty or so years. Those topics had been presented, in this work, in accordance with the usual fact patterns in the bar and in a manner consistent with the normal thought processes needed to give a reasonable answer to a bar question.
|Author(s)||Dean Willard B. Riano|
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