Evidence - Foundations

Question 1

Which ~cool~ HP reference has been forced upon the concept of foundations?

Answer 1

Charm.

Question 2

What is the point of laying foundations?

Answer 2

Laying a foundation is the only way to turn an object into an exhibit.

Question 3

What are the Four Laws of Advocacy?

Answer 3

1. Primacy
2. Recency
3. Frequency
4. Vividness

Question 4

Say more about primacy. What’s the point, and what three effects does it have?

Answer 4

Primacy is all about priming. What we hear first:
- colors our thinking
- commits us to positions
- heavily determines how we interpret later evidence

Question 5

Say more about recency. What’s the point, and what effect does it have?

Answer 5

Recency is about memorability. What we hear last is most memorable. And what is most memorable has greater impact on decision making.

Question 6

Say more about frequency. What’s the point, and what are three ways to actualize it in trial?

Answer 6

Frequency is about memorability. It increases with repetition.

We can highlight strengths by:
- looping
- using demonstratives
- opposing objections

Question 7

Say more about vividness. What’s the point?

Answer 7

What we SEE, and to a lesser extent, hear, is most vivid to us.

Question 8

Business Record

Answer 8

KMTRP

1. (personal) Knowledge
2. Made in the regular course of business
3. near or at the Time of the event
4. Regular Practice to Make
5. Regular Practice to Keep

Question 9

Email

Answer 9

FACS

1. Familiar with the sender’s email address
2. how you know that’s the sender’s email address
3. anything about the Appearance, Contents, or Substance
4. *signature/watermark?

Question 10

Photograph

Answer 10

FART

1. Fair and Accurate Representation of [x]
2. as it was at the Time of the event

Question 11

Video

Answer 11

FAPT

1. you have watched
2. what you see
3. Fair and Accurate Portrayal of [x]
4. at the Time of the event

Question 12

Diagram

Answer 12

FARTH

1. Fairly and Accurately Represent how scene looked
2. at the Time of the event
3. drawn to scale
4. otherwise accurate
5. Helps the jury

Question 13

Readily Identifiable Physical Evidence

Answer 13

S-SIC/SC

1. Same [x]
2. Specific Identifying Characteristics
3. Same Condition

Question 14

Fungible Physical Evidence

Answer 14

S-ECP/COC

1. Same [x]
2. Evidence Collection Process
3. Chain of Custody

Question 15

Public Record or Report

Answer 15

CC

1. Certified Copy
   OR
   a. sets forth activities of office/agency
   OR
   b. documents matters observed pursuant to duty imposed by law and duty to report
   OR
   c. factual findings resulting from investigation made pursuant to authority granted by law

Question 16

Audio Recording

Answer 16

FAR

1. have you listened to it
2. without talking about conversation, can identify voices
3. tape was made when
4. Fair and Accurate Recording

Question 17

Handwritten Letter/Note

Answer 17

FW

1. is Familiar
2. was Familiar
3. Familiar how
4. Whose handwriting