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Laying Foundations and Meeting Objections: Section 8 - Technical Aspects of Using Exhibits
- Narrated by: David Marantz, Romy Nordlinger
- Length: 1 hr and 46 mins
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Laying Foundations and Meeting Objections: Section 8 - Technical Aspects of Using Exhibits
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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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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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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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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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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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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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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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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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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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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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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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Publisher's summary
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. Options for establishing the necessary foundation are: self-authentication - the rules provide that some kinds of exhibits are self-authenticating and need nothing more by way of foundation; stipulation - the parties may make agreements, usually reciprocal, that certain exhibits are admissible without more; exhibits supported by an affidavit; and exhibits supported by a deposition transcript. Guidelines and examples are provided for each of these options.
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- Length: 5 hrs and 9 mins
- Unabridged
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Overall4.5 out of 5 stars 1,162
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Performance4.5 out of 5 stars 954
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Story4.5 out of 5 stars 944
Navigating the challenges of long-term commitment takes effort - and it just got simpler, with this empowering, step-by-step guide to communicating about the things that matter most to you and your partner. Drawing on 40 years of research from their world-famous Love Lab, Dr. John Gottman and Dr. Julie Schwartz Gottman invite couples on eight fun, easy, and profoundly rewarding dates, each one focused on a make-or-break issue: trust, conflict, sex, money, family, adventure, spirituality, and dreams.
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1 out of 5 stars
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What the F. Robot-reader???!?!?!
- By Anonymous User on 01-21-20
By: John Gottman PhD, and others
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The Ethical Slut
- A Practical Guide to Polyamory, Open Relationships, & Other Adventures
- By: Janet W. Hardy, Dossie Easton
- Narrated by: Janet W. Hardy, Dossie Easton
- Length: 10 hrs and 21 mins
- Unabridged
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Overall4.5 out of 5 stars 4,396
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Performance4.5 out of 5 stars 3,770
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Story4.5 out of 5 stars 3,742
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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4 out of 5 stars
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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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Buddhism for Beginners
- By: Thubten Chodron, His Holiness the Dalai Lama - foreword
- Narrated by: Gabra Zackman
- Length: 4 hrs and 43 mins
- Unabridged
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Overall4.5 out of 5 stars 2,148
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Performance4.5 out of 5 stars 1,829
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Story4.5 out of 5 stars 1,809
This user’s guide to Buddhist basics takes the most commonly asked questions - beginning with “What is the essence of the Buddha’s teachings?” - and provides simple answers in plain English. Thubten Chodron’s responses to the questions that always seem to arise among people approaching Buddhism make this an exceptionally complete and accessible introduction - as well as a manual for living a more peaceful, mindful, and satisfying Life.
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5 out of 5 stars
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Amazing introduction to Buddhism
- By chad d on 07-02-15
By: Thubten Chodron, 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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Overall4.5 out of 5 stars 1,316
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Performance4.5 out of 5 stars 1,113
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Story4.5 out of 5 stars 1,106
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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5 out of 5 stars
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Excellence...
- By Light Worker on 04-21-18
By: M. Doreal
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The Debutante
- By: Jon Ronson
- Narrated by: Jon Ronson
- Length: 3 hrs and 11 mins
- Original Recording
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Overall4.5 out of 5 stars 1,308
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Performance4.5 out of 5 stars 1,084
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Story4.5 out of 5 stars 1,081
Thirty years ago, award-winning journalist Jon Ronson stumbled on the mystery of Carol Howe—a charismatic, wealthy former debutante turned white supremacist spokeswoman turned undercover informant. In 1995, Carol was spying on Oklahoma’s neo-Nazis for the government just when Timothy McVeigh blew up a federal building in Oklahoma City, killing 168 people.
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4 out of 5 stars
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Interesting but not compelling
- By Gail Jester on 04-15-23
By: Jon Ronson
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The Prophet
- By: Kahlil Gibran
- Narrated by: Riz Ahmed
- Length: 1 hr and 25 mins
- Unabridged
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Overall4.5 out of 5 stars 974
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Performance5 out of 5 stars 827
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Story4.5 out of 5 stars 825
On the face of it, a simple book of 26 poem fables sharing one man’s wisdom. But The Prophet is so much more than that. It has inspired people from John F Kennedy to The Beatles and became the '60s Bible of counterculture – all because of the timeless truths it shared. Each poem takes a different theme – pleasure, beauty, freedom, joy and sorrow – as the fictional Al Mustapha shares his thoughts and experiences as he prepares to travel back to his island home.
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5 out of 5 stars
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Riz Ahmed's Narraration Is So Moving!
- By Dee Tree on 09-12-21
By: Kahlil Gibran
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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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Overall4 out of 5 stars 660
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Performance4 out of 5 stars 575
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Story4 out of 5 stars 575
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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4 out of 5 stars
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An interesting set of introductions.
- By Kevin Potter on 05-30-19
By: Scott Lewis