A Student's Guide to Trial Objections by
This guide is a quick reference to various ways in which the courts have translated the text of the Federal Rules of Evidence. It is useful for students enrolled in trial practice courses and clinics and is also helpful as an adjunct reference for students taking basic and advanced evidence courses. The 2018 edition includes dozens of recent civil and criminal cases from all of the federal circuits and includes the recent amendments to the Federal Rules of Evidence with respect to Ancient Documents and Self-Authenticating Evidence effective December 1, 2017.
Evidentiary Foundations by
Covering all major evidentiary doctrines, the text provides a blueprint for introduction of evidence at trial. It enables the student to convert a sentence in the Federal Rules of Evidence into a line of questioning to be used at trial. A useful companion to a coursebook in Evidence or Trial Practice, Evidentiary Foundations enables the student to picture the manner in which the rules of evidence operate in court. After a brief narrative discussion, the book dissects each major evidentiary doctrine into a list of foundational elements. The book then sets out an illustrative foundation, establishing all the predicate elements. This foundation gives the student a more concrete understanding of the evidence rule to which the foundation relates. The Tenth Edition covers the latest amendments to Rules 801 and 902, including a detailed treatment of the new self-authentication provisions in 902(13) and 902(14). It also updates the foundations for social media postings, scanned writings, automated surveillance cameras, and the impact of Williams v. Illinois on expert testimony. Over the years, the various editions of Evidentiary Foundations have been used as a required or recommended supplementary text at over 140 law schools.
Weinstein's Evidence Manual by
Application of rules -- Control by trial court generally -- Power of court in relation to jury -- Judicial notice -- Presumptions -- Relevance generally -- Special rules of relevance -- Authentication and identification -- Best evidence rule -- Witnesses generally -- Special witness rules -- Credibility -- Expert witnesses -- Hearsay : definition, organization and constitutional concerns -- Hearsay exclusions -- Hearsay exceptions : regardless of whether declarant is available as witness -- Hearsay exceptions : when declarant is unavailable as witness : rule 804 -- Privileges.
Creating Winning Trial Strategies and Graphics by
Make your case easier for judges, jurors, and arbitrators to understand, persuade them and increase your chances of winning. When originally published, this book was helped as the "most comprehensive and useful contribution" in the field of visual trial strategies and graphics and became an immediate best-seller. After ten years and hundreds of additional trials and jury research events, Ritter has written a second edition substantially expanding on the process that all trial lawyers need to follow in order to make their cases more persuasive and easier to understand. This second edition is richly illustrate with original graphics, including many successfully used in major trials across the country. Book jacket.
Laying Foundations and Meeting Objections by
In Laying Foundations and Meeting Objections, Deanne Siemer gives you the questions to ask and the answers to get from your witness so that your exhibits will be admitted in evidence. Set up the foundation for an exhibit and protect against the objections available to your opponent. This text provides easy-to-follow examples for text documents, e-mails, spreadsheets, computer printouts, charts, graphs, maps, diagrams, drawings, computer animations, and more. Never lose an exhibit to your opponent's objection. Make sure you do not miss any of the four elements of foundation: competence of the witness, identification of the exhibit, relevance, and authentication. Each of the elements has specific requirements right from the evidence rules. Keep yourself on firm ground so that each element is met. See how you can separate the objection to foundation from the other objections--hearsay, original document, and policy (undue prejudice, confusion, waste of time)--so that you can respond quickly and effectively when your opponent challenges your exhibit..
Social Media As Evidence by
Introduction to social media -- Retrieval and retention of social media data -- Discovery of social media data in a civil action -- Foundation and authentication -- Use of social media during trial.
Social Media in the Courtroom by
Social media hasn't just changed society--it's changing the way in which criminal law is prosecuted, defended, and adjudicated. This fascinating book explains how. While social media has become embedded in our society as a way to stay connected with friends, it serves another important purpose: to support the prosecution and defense of criminal cases. Social media is now used as proof of a crime; further, social media has become a vehicle for criminal activity. How should the law respond to the issue of online predators, stalkers, and identity thieves? This book comprehensively examines the complex impacts of social media on the major players in the criminal justice system: private citizens, attorneys, law enforcement officials, and judges. It outlines the many ways social media affects the judicial process, citing numerous example cases that demonstrate the legal challenges; and examines the issue from all sides, including law enforcement's role, citizens' privacy issues, and the principles of the Fourth Amendment. The author also shines a critical spotlight on how social media has enabled new types of investigations previously unimagined--some of which present ethical problems. * Examines the criminal justice system from multiple perspectives in order to give fair attention to the successful uses of social media as well as the abuses * Comprehensively covers current issues that have broad, long-term repercussions for the criminal justice system * Provides a convenient overview of all the information related to social media and criminal law in one place * Cites relevant cases and statutes
Digital Evidence by
ntroduction : purpose and scope -- Hard drive technology, file systems, and computer forensics -- Computer forensic techniques and sources of digital evidence -- Child pornography investigations -- Fourth Amendment and computers -- Federal privacy statutes.
Electronic Discovery and Digital Evidence in a Nutshell by
A concise treatment of all issues relating to electronically stored information (ESI) in litigation today, and a must-own for both civil and criminal practitioners. The authors have substantially rewritten each chapter and added chapters on anticipated changes to the Federal Rules of Civil Procedure governing ESI (which take effect December, 2015), technology-assisted review of ESI, and the use of ESI in criminal cases. Includes extensive treatment of preservation, search for and production of ESI, privilege protection, sanctions, ethical obligations of attorneys with respect to technology, and how the federal rules can be and have been adopted to accommodate digital evidence. Written by the author of the landmark Zubulake opinions and the Sedona Conference, which is at the forefront of thinking and writing on electronic discovery.