Take Command in the Courtroom
Are your objections ever overruled due to lack of specificity? Have you ever been too slow to object to inadmissible testimony? Do you waste valuable time poring through dense treatises just to see if a certain type of evidence is admissible? Do you struggle to find instant answers on evidence admissibility? Now there is help. Is It Admissible? by Ashley S. Lipson provides clear, concise, and supported answers to troublesome admissibility questions for virtually every type of evidence.
Designed for use on the eve of trial or at counsel’s table, Is It Admissible? provides everything you need for speedy and specific courtroom action:
- Direct “yes or no” admissibility answers for each type of evidence
- Quick explanation of the rule
- Pattern questions for laying foundations
- Admission strategies for the proponent
- Exclusion arguments for the opponent
- Model objection language, with responses
- Easy-to-follow explanations of the law
- Objectionable phrases to watch for, by type of evidence
- Evidentiary items organized alphabetically
- Color-coded tabs for quick-reference
- Detailed topical index and table of cases
- Over 1,200 case citations
- State and federal rules of evidence
- Coverage of civil and criminal law
- Strategies for admission and exclusion
- And much more!
The book is chock-full of novel arguments, proven strategies, and successful shortcuts. Veteran author and trial lawyer Ashley S. Lipson reveals:
- The four magic words that tell you how to propose and oppose every type of evidence.
- The 12 basic objections and when to use them.
- For each objection, short lists of trigger words indicating an objectionable question.
- Model objection language, with potential responses.
- A simple guide to admission of the average piece of evidence.
- The 10 ways to oppose ordinary business records.
Enhance Courtroom Effectiveness by Focusing on Evidence Type, Not Legal Theory
Busy attorneys want fast answers and solid principles without having to wade through pages of dense legal discussion. Is It Admissible? simplifies the confusion by taking a practical approach to admitting or opposing evidence. The book is organized by type of evidence rather than legal theory, which allows you to easily find supporting law. The succinct principles provide thorough answers to many courtroom questions without being verbose.
Find Answers On the Fly With Practical Four-Part Organization
Unlike other texts where topics are scattered, Is It Admissible? is organized according to the way lawyers visualize the subject matter. The book divides evidence into four basic types – Testimonial, Documentary, Real, and Demonstrative. The division is logical and economical since each type has its own rules of admissibility and foundation requirements. With a custom-made table of contents and structure for each section, you’ll never waste time locating the answers you need.
A-to-Z Index Covers Every Conceivable Type of Evidence
Is It Admissible? provides rapid access to information with its unique topical index. You’ll instantly find discussions of every conceivable type of evidence. For example, accident reports are discussed under “A,” DNA test results under “D,” scientific reports under “S,” and so forth. You’ll have all the ammunition needed to succeed at trial, arbitration or deposition.
Learn how you can quickly determine admissibility with this new update to Ashley Lipson’s popular book. In this revision, Lipson updates case law throughout and brings his incisive discussion of evidentiary matters to new and updated sections relating to:
- Best Evidence Rule – §2.200
- Parol Evidence Rule – §2.400
- Legal Analysis for Expert Witnesses – §3.400
- Hearsay Exceptions – §5.200
- Past Recollection Recorded – §5.402
- Leading Questions – §7.300
- Therapist-Patient Privilege – §9.504
- Documentary Evidence – §20.100
- Completeness Rule – §20.400
- Automobile Accident Reports – §21.401(b)
- Citations and Traffic Tickets – §21.407
- Medical Reports and Findings – §21.416
- Physical Objects – §31.200
- Samples – §32.200
- On-site Recordings – §36.300
Don’t overlook the book’s dozens of novel arguments, proven strategies, memory aids, and successful shortcuts. Is It Admissible? reveals:
- The four foundation buzzwords for the four major types of evidence. Page O-2
- The 12 universally-recognized objections and when to use them. Page O-10
- A simple guide for maneuvering through the most common admissibility problems. Page O-10
- Discussion of the Federal Rules of Evidence and individual state applications regarding hearsay and hearsay exceptions. Chapter 5
- The 12 ways to oppose ordinary business records. Chapter 22
- For each of the 12 objections, model objection language, with potential responses. Appendix
ABBREVIATED TABLE OF CONTENTS
CHAPTER 1 ARGUMENTATIVE QUESTIONS
CHAPTER 2 BEST EVIDENCE RULE
CHAPTER 3 QUESTIONS CALLING FOR A CONCLUSION
CHAPTER 4 QUESTIONS THAT ASSUME UNPROVEN FACTS
CHAPTER 5 HEARSAY RULE
CHAPTER 6 IRRELEVANT OR IMMATERIAL QUESTIONS
CHAPTER 7 LEADING QUESTIONS
CHAPTER 8 MULTIPLE QUESTIONS
CHAPTER 9 PRIVILEGE
CHAPTER 10 REPETITIVE QUESTIONS
CHAPTER 11 SPECULATIVE QUESTIONS
CHAPTER 12 VAGUE QUESTIONS
CHAPTER 13-19 [RESERVED]
CHAPTER 20 BASICS OF DOCUMENTARY EVIDENCE
CHAPTER 21 GOVERNMENTAL DOCUMENTS
CHAPTER 22 PRIVATE SECTOR BUSINESS RECORDS
CHAPTER 23 PERSONAL DOCUMENTS
CHAPTER 24 PUBLISHED WRITINGS
CHAPTER 25 LEGAL DOCUMENTS
CHAPTER 26-29 [RESERVED]
CHAPTER 30 BASICS OF REAL EVIDENCE
CHAPTER 31 PHYSICAL OBJECTS
CHAPTER 32 SAMPLES
CHAPTER 33 PEOPLE
CHAPTER 34 ANIMALS
CHAPTER 35 VIEWS
CHAPTER 36 ON-SITE RECORDINGS
CHAPTER 37-39 [RESERVED]
CHAPTER 40 BASICS OF DEMONSTRATIVE EVIDENCE
CHAPTER 41 MODELS
CHAPTER 42 MAPS, CHARTS, GRAPHS AND DIAGRAMS
CHAPTER 43 DOCUMENTS
CHAPTER 44 PHOTOGRAPHS, SLIDES, FILMS AND VIDEOS
CHAPTER 45 AUDIO RECORDINGS
CHAPTER 46 FINGER, FOOT AND PALM PRINTS
CHAPTER 47 COMPUTER-GENERATED MATERIALS
CHAPTER 48 LIVE DEMONSTRATIONS
CHAPTER 49 INTERNAL PICTURES
ABOUT THE AUTHOR
The author (and creator/programmer of the game OBJECTION!) has been a practicing lawyer for more than 45 years. In addition to several leading books on evidence, Ashley Lipson has taught the subject throughout the country; he is presently a Full Professor of Law. He is also the author of Law Office Automation for Paralegals, Administrators and Legal Secretaries, a book which provides a computer-oriented filing system for use in law offices.
Mr. Lipson received his B.A. degree from Michigan State University in 1966, and his J.D. degree from St. John’s University in 1970 (along with awards for excellence in the study of jurisprudence); his education continued, as evidenced by his master’s degrees in mathematics (M.A., 1975) and tax law (LL.M., 1978), both from Wayne State University. He has also completed two undergraduate degrees in computer science, and studied physics at the University of Michigan.
Mr. Lipson had been the managing partner of the law firm of Coleman, Lipson and Bradford, P.C., of Farmington Hills, Michigan, for over sixteen years. He is a member of the California and Michigan bar associations and is certified to practice law by the New York Committee of Bar Examiners. He is also licensed before various federal bars, including Tax Court and the U.S. Supreme Court. His other professional memberships include the American Bar Association, American Trial Lawyers Association, Mensa Lawyers, Volunteer Lawyers for the Arts, the College of Computer Lawyers, and the National Platform Association.
Keith T. Merritt –
As an avid pro se/pro per litigant, I am always looking for a very easy to read, understand and USE resource. This fits the bill in all three areas. Abstract theory is no more helpful than a concise set of rules. This bridges the gap and pulls the two together in one reference. I also have high praise for “Guerrilla Discovery”, also by Lipson. If you have the basics of discovery down, this manual pulls in the procedural issues as well as strategy and application. Any one can read F.R.C.P. or their states code online. Taking that knowledge to the next level and applying it will easier with a text like this.
Madison Mom –
Working in the legal field for almost twenty years now, I find this book to be very well written, easy to read, and extremely helpful in preparing for trial. It basically tells you anything and everything you need to know about evidence, whether you’re looking to keep it out or get it in. Lipson discusses the four major types of evidence in a clear manner and shows a new approach for locating quick answers to evidentiary problems. I highly recommend this for trial preparation and to take into the courtroom.
Ultimate rain driver –
I have working in the legal field for over almost 14 years and still have situations where I encounter evidence that is questionable as to its admissibility. This book has been extremely helpful. It provides examples for dealing with all types of evidence. The rules and explanations are easy to find. The book provides arguments for trying to keep opposing side’s evidence out and for trying to get your evidence in. The book is very well written and arranged in a way to find answers quickly to situations that may arise during a hearing or trial. I highly recommend this for book for preparing for hearings, drafting evidentiary motions and for trial.
William Hamann Jr. –
I recently updated our outdated set of “Is It Admissible” and “Guerilla Discovery” for my Whitaker Attorneys, LLC office in Mason, Ohio. WOW! What a difference a decade makes! A GREAT Table of Contents that’s easily accessible and right on target. LARGE TYPE and loose-leaf pages are very helpful in the heat of the moment. Great citations from most jurisdictions and a nice periodic supplement make this a current and valuable litigation tool. But wait… there’s more! The complimentary CD-ROM’s are perfect for quick searching, cutting, pasting, drafting etc. Well done, James Publishing!
Very informative and user friendly book. I The material is extensive and covers virtually all topics of evidence. The companion paperback is easy to utilize in court.