One of the most important aspects of trial is determining how and when to present each witness, exhibit, and other item of evidence most persuasively. Here are some helpful ideas and ten questions to ask yourself when deciding how and when to present evidence at trial.
Filed under: Civil Litigation, Evidence, Legal Topics, Litigation Strategy | Tagged: evidence, exhibits, introducing evidence at trial, trial preparation, witnesses | Leave a Comment »
To smell is not the same as to see. At least that’s what a California court of appeal recently concluded when it rejected the validity of a warrantless search of a Fed Ex package based on the smell of marijuana alone.
Filed under: Criminal Law, Evidence, Legal Topics, New Legal Developments | Tagged: marijuana, plain smell, plain view doctrine, police officers, search and seizure, warrant, warrantless searches | 6 Comments »
Electronically stored information is so easy to alter or delete without a trace, which is particularly challenging when that information is evidence in a lawsuit. How do you make sure that this virtual evidence stays put?
Filed under: Civil Litigation, Evidence, Legal Topics, Litigation Strategy | Tagged: duty to preserve, electronically stored information, evidence, preservation of evidence, spoliation | 2 Comments »
The recent execution of Troy Davis in Georgia has again raised serious concerns about the reliability of eyewitness testimony. That case, along with the U.S. Supreme Court’s acceptance of a case involving eyewitness identification, indicates that the time may be right to reconsider this controversial form of evidence.
Filed under: Criminal Law, Evidence, Legal Topics | Tagged: death penalty, eyewitness testimony, eyewitnesses, Innocence Project, Troy Davis | 1 Comment »
Question: True or False? To get a business record admitted into evidence under the business-records exception to the hearsay rule, you must show that the person who made the record is “unavailable as a witness.”
Filed under: Civil Litigation, Evidence, Legal Topics | Tagged: admissibility, business records, business records exception, evidence, hearsay rule | 2 Comments »
Update: An Italian appeals court threw out Knox’s murder conviction on October 3, 2011 and ordered her freed after 4 years in prison. Amanda Knox was studying in Italy when her life changed forever: She was convicted of murdering her roommate. But there may be a glimmer of hope for Amanda, because two independent, court-appointed experts [...]
Filed under: Criminal Law, Evidence, Legal Topics | Tagged: Amanda Knox, contaminated evidence, DNA, evidence, murder | 1 Comment »
As more and more business is conducted electronically, parties more often use keystrokes instead of pens to sign contracts and other legally binding documents. There’s even a federal law that covers this — the Electronic Signatures in Global and National Commerce Act (E-Sign) (15 USC §§7001-7031) — which confirms the ability of parties to contract [...]
Filed under: Business, Civil Litigation, Employment Law, Evidence, Legal Topics, Practice of Law | Tagged: E-Sign, electronic signature | Comments Off
