Introduction

• Author: Ashley S. Lipson
• Pages: 6-6

I

This book is designed to explain just what you need to know in order to try cases, i.e., how to propose

and oppose virtually every form of evidence. It is written for all of those harried practitioners and busy

students of the law who want fast answers and solid principles without having to wade through over-broad

topics and pragmatically irrelevant theories.

We start with the proposition that the entire universe of evidence is divided into four and only four

major types:

(1) Testimonial Evidence

(2) Documentary Evidence

(3) Real Evidence

(4) Demonstrative Evidence

The division is logical, economical, and pragmatic, since the elements of each type share some very

important foundational traits.

When it comes to Testimonial Evidence (Part I), no lawyer should ever set foot into a courtroom without

a firm grasp of the Twelve Primary Objections. Questions falling into their pigeonholes pop up during

most trials. Yet, if you were to pick up virtually any book on evidence, you would only find vague references

to many of them; and those references would be intertwined between lengthy discussions concerning the

Dead Man’s Statute and other esoteric matters.

A well-known and highly respected law school casebook devotes a total of seven pages (out of 1,532)

to “Leading Questions, Misleading Questions, Argumentative Questions, and Narratives.” That means that

less than one half of one percent of the entire text is allocated to matters that could realistically comprise a

majority of questions at any real-world trial. Often, lawyers know when a question is wrong, but they can’t

seem to find the right pigeonhole for an objection. This guide is designed to help solve that problem. Each

of the twelve universally recognized objections has its own chapter. In most trial situations, perhaps as many

as 98% of all objectionable questions will fall neatly into one of the twelve slots. For rapid reference, the

objections and their corresponding chapters are alphabetically arranged. Each chapter provides discussions,

examples, and supporting cases, all arranged for quick access.

The need for a ready-reference is not limited to testimony. For Documentary Evidence (Part II), we take

a unique “type of document” approach to the structure and presentation. It is based on the simple premise

that someone seeking to admit or oppose a specific type of document does not want to wade through generic

indexes and then lengthy dissertations in hopes of finding mention of his or her document buried amidst

talk of the hearsay or best evidence rules. Of course, we do provide an academic basis for those rules (see

Chapter 20). But in the five chapters that follow, we also provide a simple alphabetical structure that permits

the immediate location of virtually every type of document.

Consider, for example, the simple birth certificate; assume that you want to determine the basis for

admitting one into evidence. As an experiment, measure the time that it takes you to locate and dig through

your state or federal rules for an answer. Then flip to our Part II Table of Contents and start a comparative

search. Notice that we have covered virtually every type of document from police reports to discarded gar-

bage, and notice the time that it takes to locate them.

For the remaining materials, Real Evidence (Part III) and Demonstrative Evidence (Part IV), we take

an “object oriented” approach. In this arena, it is the type or form of the “object” (i.e., videotape, model,

mouse, etc.) that most often determines the strategy for admissibility and opposition.

In summary, the topics are individually arranged for rapid, intuitive access. The most important aspects

of every evidentiary presentation are included. The materials will show you how to lay and oppose founda-

tions for virtually every type, shape, and form of evidence.

F-6