Preliminary Sections

• Author: Gordon P. Cleary
• Pages: 1-14

TRIAL EVIDENCE FOUNDATIONS

B G P. C

HIGHLIGHTS

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 29 sections that have been updated with 80 case

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Some of the topics covered include—

Witness Competency and Credibility

• Impeachment by:

• Character trait of untruthfulness.

• Prior convictions.

• Prior inconsistent statements.

Opinion Evidence

• Lay opinion of law enforcement personnel on:

• Nature of marks on a child’s body.

• Fitness to operate a motor vehicle.

• Meaning of slang terms.

• Expert opinion on false confessions.

Authentication Methods

• Cell phone calls.

• Photos, posts, comments, and messages from Facebook accounts.

• Text messages.

• Printouts of social networking sites.

• Twitter posts.

Hearsay and Hearsay Exceptions

• Implicit assertions in out of court statements.

 

• Testimonial vs. non-testimonial 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

• Admissions

• Adoptive admissions by silence.

• Co-conspirator’s statements in furtherance of the conspiracy.

• Declarations to show declarant’s state of mind.

• Records:

• Admission of National Precursor Log Exchange records as business records.

• Testimony about the absence of a public record.