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.
REVISION 20 HIGHLIGHTS
This update to Ashley Lipson’s popular book will help you to quickly determine admissibility. In this revision, Lipson updates case law throughout and brings his incisive discussion of evidentiary matters to updates relating to:
- Argumentative questions – §1.400
- The best evidence rule – §2.600
- Declarations against interest exception/exemption to the hearsay rule – §5.403.1
- “Relevant” evidence – §6.800
- Ancient writings and “legal documents” – §25.202
- Pleadings – §25.209
- Leading questions – §7.400
- Waiver of the attorney-client privilege – §9.501.1
- Transcribed writings in relation to the best evidence rule – §20.200
- Laboratory reports in civil actions and criminal matters – §21.431
- Account applications- §22.405(c)
- Telephone logs and bills – §22.429
- Internet access records – §22.438
- Web postings and social media – §23.417
- Music lyrics – §23.418
- Witnesses’ and parties’ dress, grooming, and physical appearance, and jurors – §33.203
- Models as demonstrative evidence – §41.400
- Opposing maps, charts, graphs, and diagrams – §42.400
You continue to receive the following for each item of evidence discussed in the book:
- A quick explanation of the rule
- Strategies for admission and exclusion
- Pattern foundation questions
- Model objection language with responses
- State and federal statute and case citations
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-5
- A simple guide for maneuvering through the most common admissibility problems. Page O-8
- 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. Page 22-6
- For each of the 12 objections, model objection language, with potential responses. Appendix A
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.