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Laying Foundations and Meeting Objections: Section 7 - Replications of Physical Objects
- Narrated by: David Marantz, Romy Nordlinger
- Length: 1 hr and 36 mins
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Illustrative documents may face challenges based on the requirements of the rules with respect to authentication. The key to admissibility of representational or illustrative documents is the degree of fairness and accuracy with which they represent the "real" thing - that is, the place, organization, object, or other thing being illustrated. This book shows how to establish the needed foundation and to protect against objections.
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Physical objects and substances are the "real thing". They are the physical things that are at issue in the case, such as defective parts, pieces of fabric, preserved specimens, and contaminated substances. They can be highly effective exhibits, so the establishing the foundation and preparing to defend against objections needs to be done carefully. Avoid common mistakes in laying an adequate foundation and prepare to defend against objections.
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In evidentiary terms, the next best thing to seeing the object or the scene itself, or hearing a witness who was at the scene is a recording of some kind that accurately reproduces the "real thing". The authenticity or trustworthiness of many of these exhibits must be established under Federal Rule 901(b)(9) or the state equivalent that applies to processes or systems. The output from equipment can be qualified by testimony that the process or system produces an accurate result.
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The examples given are amazing for lawyers needing to improve on trial evidence.
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This kind of exhibit can be qualified either as evidence or as a testimony aid. Generally, you will want to offer charts and graphs in evidence because that way of organizing the data can qualify as "substantive evidence", and it is valuable to have the organized data before the jury during its deliberations. The "numbers documents" may be qualified by either a lay witness or by an expert witness. This book gives you the methodologies for both.
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Text document exhibits are subject to the largest number of specialized evidentiary rules. The easiest way to deal with these rules is to consider first the general category into which the exhibit falls: It is either: an original, an exact duplicate with no markings that are not on the original, a "nonconforming" copy that has some markings that are not on the original, a summary of voluminous documents, or an email or other digital file.
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This book covers important general requirements for the use of exhibits in pretrial motions. For example, summary judgment motions often have exhibits attached that support substantive arguments about issues in the case.
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Illustrative documents may face challenges based on the requirements of the rules with respect to authentication. The key to admissibility of representational or illustrative documents is the degree of fairness and accuracy with which they represent the "real" thing - that is, the place, organization, object, or other thing being illustrated. This book shows how to establish the needed foundation and to protect against objections.
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Physical objects and substances are the "real thing". They are the physical things that are at issue in the case, such as defective parts, pieces of fabric, preserved specimens, and contaminated substances. They can be highly effective exhibits, so the establishing the foundation and preparing to defend against objections needs to be done carefully. Avoid common mistakes in laying an adequate foundation and prepare to defend against objections.
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In evidentiary terms, the next best thing to seeing the object or the scene itself, or hearing a witness who was at the scene is a recording of some kind that accurately reproduces the "real thing". The authenticity or trustworthiness of many of these exhibits must be established under Federal Rule 901(b)(9) or the state equivalent that applies to processes or systems. The output from equipment can be qualified by testimony that the process or system produces an accurate result.
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You can get almost any exhibit admitted in evidence by following a few straight forward guidelines that are explained here. The easiest way to explain how to qualify exhibits is to use excerpts from transcripts - the actual questions asked and answers given - in a proceeding in which an exhibit similar to yours was put into evidence successfully. Each point in this guidance is explained this way. By using these examples, you have the structure for your deposition or trial notes.
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In Criminal Law, we examine the black letter rules of criminal law most commonly tested on the MBE and in law school. By combining a simple approach to legal learning with the innovative appeal of an audio study aid, Criminal Law provides you with a concise overview of the subject matter in a way that makes it easy to learn, understand, and memorize. Criminal Law also includes numerous hypothetical examples and analyses to help you apply the rules of law to analyze any given fact patterns.
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Publisher's summary
As a category of exhibits, replications are methods for recreating the "real thing". Unlike the recordings of the "real thing", like photographs, which show the real thing as it exists in real life, replications start from scratch and recreate or build a "copy" of the real thing. For example, animations are produced using very sophisticated computer software that can combine many forms of data with color and perspective to create a very lifelike reconstruction. Before investing in an expensive animation or other replication, use the checklists here to be sure it will be admitted in evidence.
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For anyone who has ever dreamed of love, sex, and companionship beyond the limits of traditional monogamy, this groundbreaking guide navigates the infinite possibilities that open relationships can offer. Experienced ethical sluts Dossie Easton and Janet W. Hardy dispel myths and cover all the skills necessary to maintain a successful and responsible polyamorous lifestyle.
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The information and advice is 100% totally solid!
- By Troy on 07-28-15
By: Janet W. Hardy, and others
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The Emerald Tablets of Thoth the Atlantean
- By: M. Doreal
- Narrated by: John Marino
- Length: 2 hrs and 33 mins
- Unabridged
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The history of the tablets translated in the following book is strange and beyond the belief of modern scientists. Their antiquity is stupendous, dating back some 36,000 years. The writer is Thoth, an Atlantean Priest-King, who founded a colony in ancient Egypt after the sinking of the mother country. He was the builder of the Great Pyramid of Giza, erroneously attributed to Cheops. In it he incorporated his knowledge of the ancient wisdom and also securely secreted records and instruments of ancient Atlantis.
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Excellence...
- By Light Worker on 04-21-18
By: M. Doreal
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Mythology: Mega Collection
- Classic Stories from the Greek, Celtic, Norse, Japanese, Hindu, Chinese, Mesopotamian and Egyptian Mythology
- By: Scott Lewis
- Narrated by: Madison Niederhauser, Oliver Hunt
- Length: 31 hrs and 37 mins
- Unabridged
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Do you know how many wives Zeus had? Or how the famous Trojan War was caused by one beautiful lady? Or how Thor got his hammer? Give your imagination a real treat. This Mega Mythology Collection of eight audiobooks is for you....
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An interesting set of introductions.
- By Kevin Potter on 05-30-19
By: Scott Lewis