Trial Evidence Foundations

Description

This handy courtroom guide will keep you from missing any of the elements required to lay a proper foundation and alert you to when your opponent has. The latest edition features 34 sections that have been updated with 70+ case notes of recent significant federal and state decisions. Some of the topics covered include— Rule of Completeness When otherwise inadmissible evidence is offered to satisfy rule of completeness. Impeachment by Prior Bad Acts Sexual assault allegations to rebut a fabrication defense. Civil judgments in criminal case arising from same facts. Past retention of classified documents in prosecution for similar new offense. Impeachment by Prior Convictions Conviction for tampering with evidence as dishonest act under Rule 609(a)(2). Judge reverses ruling and allows prior conviction in when defendant is in middle of testimony. Lay Opinion Evidence Testimony of business owners, officers, and executives about business operations and projects. Testimony of police sergeant on speed of vehicle based on accident reconstruction calculations. Expert Opinion Evidence– Daubert Consideration Expert opinion on class action requirements; reliance on data and information provided by third parties. Expert opinion on class action requirements; reliance on data and information provided by third parties. Authentication Phone calls by defendant from jail. Video recordings between drug traffickers and defendants. Copies of harassing emails from father to daughter. Text messages between man and ex-wife. Facebook posts. Victim’s transcriptions of text messages from defendant. Text messages retrieved from cell phone by forensic techniques. Types of circumstantial evidence that will corroborate identity of sender of electronic communications. Hearsay and Hearsay Exceptions Text messages offered to show mother’s awareness of daughter’s molestation. Requirements for forfeiture by wrongdoing doctrine. Evidence of flight requires extrinsic evidence of guilt. Requirements for adoptive admissions by silence. Declarant must be identified before his statement can be admissible as vicarious admission. Rule 36(b)(6) testimony is an evidential, not judicial, admission. Assessing context and trustworthiness of statements against interest. Terminally ill declarant’s affidavit accepting criminal liability was self-serving. State-of-mind exception not applicable to statements of memory or belief to prove the fact remembered or believed. Historic cell site analysis evidence not admissible as a business record. Bolivian government reports not admissible either as business records or public records, or under the residual exception. Sexual assault as a startling event for purposes of excited utterance exception. Attorney-client and work product privilege Privileged documents required to be produced as discovery sanction were not admissible at trial. Subsequent Remedial Measures Evidence of subsequent remedial measures to show control over construction site. Character Evidence Evidence of intemperate habits as proof of drunkenness in accident cases. Evidence of the medical examiner’s administrative shortcomings and lack of candor with superiors to impeach credibility.

Get the book

Amazon.com

Search the book

eBay.com

Search the book

Other editions

• 

  Trial Evidence Foundations

  • 2017-06-30
  • - pages
  • Paperback
  • LexisNexis

Similar books

• 

  Property Law: Rules, Policies, and Practices

  By Joseph William Singer, Bethany R. Berger, Nestor M. Davidson

  See also Country Community Timberlake Village v. HMW Special Utility District of Harris, 438 S.W.3d 661 (Tex. Ct. App. 2014) (holding that a neighboring ...

• 

  Entertainment Law and Business

  By William D. Henslee, Elizabeth Henslee

  After Justin Timberlake exposed Janet Jackson's pierced nipple on national television for 9/16ths of a second, the FCC received over 540,000 complaints.

• 

  The Common Law in Colonial America: Volume III: The Chesapeake and New England, 1660-1750

  By William E. Nelson

  Volume III: The Chesapeake and New England, 1660-1750 William E. Nelson ... Decision of Law, Surry County Ct. 1673/74, in Eliza Timberlake Davis ed., ...

• 

  The Indiana State Constitution

  By William P. McLauchlan

  E. Edwards v. California, 314 U.S. 160 (1941), 66 Edwards v. Housing Authority of City of ... Timberlake, 148 Ind. 38,46 N.E.339 (1897), 69,70 Graves v.

• 

  Child Support Guidelines: Interpretation and Application

  By Laura W. Morgan

  Fitzgerald, 4.08[B][2], 5.05[D] Fitzgerald v. ... Mastrapa-Font, 7.03[A][3] Fontaine, In re, 5.05[D] Fontenette v. ... Frost, 5.05[A] Formato v.

• 

  Maritime Fraud and Piracy

  By Paul Todd

  The sole remedy is avoidance, however; damages cannot be claimed under s. ... 17, it places a great deal of power in the hands of insurance companies to ...

• 

  Principles of the Carriage of Goods by Sea

  By Paul Todd

  Normally, a mate«s receipt would later be given up for a bill of lading, ... they necessarily prejudice the rights of those who deal in the goods ...

• 

  Maryland Employment Law

  By Stanley Mazaroff, Todd Horn

  27 257 U.S. 184, 42 S. Ct. 72, 66 L. Ed. 189 (1921). ... 38 Argensinger, “Right to Strike”: Labor Organization and the New Deal in Baltimore, 78 MD . HIST .

• 

  Contract Law in New Zealand

  By Stephen Todd, Jeremy Finn

  704 Contract and Commercial Law Act 2017, s. 80. 705 Leith v. Gould [1986] 1 NZLR 760. It is not clear how a New Zealand court would deal with a case such ...

• 

  Tort Law in New Zealand

  By Stephen Todd

  ... to meet the reasonable expectations of claimants about how the corporation should deal with them, by, inter alia, ... 7 Treaty of Waitangi Act 1975, s.