Trial Evidence Foundations

ebook

By Gordon P. Cleary

cover image of Trial Evidence Foundations

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Format

ebook

Author

Gordon P. Cleary

Publisher

James Publishing

Release

30 November 2017

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Subjects

National Litigation Practice Guide
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In the latest edition of Trial Evidence Foundations, 29 sections have been updated with summaries and analysis of more than 60 recent significant state and federal court decisions.

Here are some of the issues addressed:

Impeachment of witnesses by

  • Character trait of untruthfulness.
  • Prior convictions.
  • Prior inconsistent statements.

    Lay opinion on

  • Nature of marks on a child's body.
  • Fitness to operate a motor vehicle.
  • Meaning of slang terms.

    Authentication of
  • Cell phone calls.
  • Photos, posts, comments, and messages from Facebook accounts.
  • Text messages.
  • Printouts of social networking sites.
  • Twitter posts.

    Hearsay and exceptions including
  • Implicit assertions in out of court statements.
  • Out of court statements not offered to prove the truth of the matter asserted.
  • Testimonial vs. non-testimonial nature of statements made:

  • In ongoing emergencies and 911 calls.
  • Before a beth din (rabbinical court).
  • By a crime victim to EMT and doctor in emergency room.
  • Forfeiture by wrongdoing.
  • Adoptive and vicarious admissions
  • Declarations to show declarant's state of mind.
  • Records:

  • National Precursor Log Exchange records as business records.
  • Absence of a public record.
  • Timeliness requirement for a record of a regularly conducted activity.
  • Past recollection recorded and present recollection refreshed.
  • Excited utterances.

    Character evidence regarding

  • When a defendant opens the door for prosecution to introduce character evidence.
  • When a defendant can introduce evidence of victim's aggressive character.
  • Questioning a witness about the credibility of the witness's prior testimony.

    • Format

    ebook

    Author

    Gordon P. Cleary

    Publisher

    James Publishing

    Release

    30 November 2017

    Share

    Subjects

    National Litigation Practice Guide
    Trial Evidence Foundations