THE ANATOMY OF LITIGATION IN LOUISIANA COURTS: LEGISLATION, CASES, COMMENTS AND PROBLEMS
By Frank L. Maraist
This book is the result of forty years of teaching a course in Evidence at the law school level, and serving as a trial attorney and district judge and as a leader in Evidence studies with other lawyers and judges. It is based on the premise -- often overlooked at the law school level -- that the key generally is a recognition of how an evidentiary rule applies to a particular fact situation, and, usually, to make that recognition almost instantly and without any brotherly (or sisterly) help. It also is a recognition that evidence is part of the larger issue of proof, which encompasses much of the procedural rules in the federal and state jurisdictions.
This book is not a substitute for a treatise on evidence law. What is attempted here is to provide materials that will help familiarize the student with the general rules of evidence and proof and to provide him or her with an opportunity to recognize the application of those rules to fact situations. Thus, after one familiarizes oneself with the basic rules of evidence and proof, problems are provided to give the user the opportunity to apply those rules in a trial-oriented fact situation.
The book begins with a syllabus which outlines the anatomy of litigation from the selection of a cause of action through trial on the merits. The syllabus contains many valuable citations, but is not intended as an exhaustive treatment of the law. That work is left to the treatises.
Professor Frank L. Maraist joined the LSU Law Center faculty in 1974 after practicing law in Louisiana for ten years and teaching at multiple law schools across the country. He has served as a Louisiana Judge pro tem, authored numerous books and law review articles, and served as executive director of the Louisiana Judicial College and the Louisiana Association of Defense Counsel.