Teaching the “Portraits, Mosaics and Themes” of The Federal Rules of Evidence

Lee D. Schinasi, Barry University School Of Law

Abstract

Teaching the “Portraits, Mosaics and Themes” of The Federal Rules of Evidence: This article discusses an approach to teaching, learning, and applying the Federal Rules of Evidence – the “portraits and mosaics regime.” It is designed to accomplish four things: First, for professors new to teaching evidence, the “portraits and mosaics regime” is a macro level introductory overview of the statute and is aimed at providing perspective and insight. It introduces the statutes’s most significant concepts, how they interrelate, and how they can be applied. Second, it can be used as a teaching outline for new evidence professors approaching their first couple of classes. The regime provides a logical and structured approach to the Federal Rules which will make the introductory classes less threatening and more productive. Underlying authority and rationale are provided throughout the article for easy reference and research. Third, for those of us who are more experienced in teaching evidence, the article may provide a new thought or two on the Rules that can be incorporated into existing notes. Fourth, the portraits and mosaics regime can be a helpful tool in managing classroom time. As discussed throughout the article, evidence law has become increasingly complex over the past couple of decades. Amendments to the Rules caused by Supreme Court cases, particularly in the areas of hearsay and opinion testimony, have made the time necessary to teach traditional subjects more precious. The portraits and mosaics regime allows professors to summarily cover some topics in the beginning of the course that can be quickly explained later in the semester. Experience demonstrates that as the course unfolds it will become increasing clear which topics require concerted effort in and out of the classroom, and which can be left to only student self-study.