by Gordon P. Cleary
& John A. Tarantino
How to Lay and Oppose Evidentiary Foundations
Remembering
all the elements required to lay a proper foundation can be difficult. Take
the simple admission of a letter. First you have to authenticate the
document, then demonstrate that it complies with the best evidence rule if
its terms are in issue, then show that it is not hearsay if you intend to
use its contents. Trial Evidence Foundations is a
quick-reference solution. Here is a handy courtroom guide that will
keep you from overlooking any required foundational elements, and point out
when your opponent has. Cleary and Tarantino's Trial Evidence Foundations
contains
the rule, elements, tactics, and key cases for most foundations.
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Witnesses
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Competency
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Establishing credibility
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Attacking credibility
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Rehabilitation
Authentication
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Hearsay
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Admissions
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Declarations
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Records
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Excited utterances
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Present sense impression
Opinion
Privileges
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Waiver
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Specific privileges
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Designed for
use when time is short, the book is formatted for quick reference. Each
foundation is tightly covered in three or four pages. Frequent headings and
key words are emphasized with bold type, and case citations and descriptions
are condensed with small type. 20 sturdy divider tabs, each printed with a
foundation category and color-coded, quickly direct you to the correct page.
The book is small enough to fit into a trial case and designed to be taken
to the courtroom.
Use Mr. Tarantino’s
helpful guidance to keep you from overlooking any required foundational
elements, and point out when your opponent has. Trial Evidence
Foundations provides step-by-step instructions for laying
objection-proof foundations. The well-organized format makes it easy to
quickly find the information you need. For each foundation, the book provides in three
or four pages:
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The Rule. A concise statement of the scope, application and
rationale of the rule underlying each foundation.
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Elements. The heart of the book, this section lists each fact
which must be established to build a proper foundation.
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Tactics for the proponent: anticipating and avoiding the possible
objections to your foundation, meeting any objections made, alternative
admission procedures, expected judicial reactions, and tactics of the
opposition.
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Tactics for the opponent: supporting your objection, alternative
arguments, effect on the jury, judicial preferences, and protecting the
record.
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Key cases. The names, citations, facts, and holdings of
significant state and federal cases are listed. This section gives you
fast, on-the-spot citations for the court, something any judge is sure
to appreciate.
Frequent headings and
key words are emphasized with bold type, and case citations and descriptions
are condensed with small type. 20 sturdy divider tabs, each printed with a
foundation category and color-coded, quickly direct you to the correct page.
The book is small enough to fit into a trial case and designed to be taken
to the courtroom. Includes a handy 30-page quick reference guide covering
each type of evidence foundation.
Updated annually. ISBN 0-938065-15-7 Book price: $99.00
D7
Reviews
"Mr. Tarantino has developed a format which is equally
helpful in preparing the testimonial foundation for the admission of evidence and in
quickly recognizing the defects in an opponents foundation. Designed to fit easily
into a briefcase, the book will enable the advocate to quickly find the tools which he
needs to offer or to oppose evidence."
— Excerpted from book review in American
Journal of Trial Advocacy
"I have relied upon it heavily in my courtroom
trials, and recommend it as a handy tool for any attorney practicing in Litigation."
— D.Greer
View and Print the Brochure


Related Titles:
Preparing for Trial in Federal Court
Qualifying
& Attacking Expert Witnesses
Trial
Hearsay
Trial
Objections
More
Litigation Publications
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