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Topic: Demonstrative evidence


In the News (Sat 2 Jun 12)

  
  Advanced Trial Handbook: Demonstrative Evidence
The use of demonstrative evidence usually grabs the jury's attention and often has them sitting at the edge of their seats when things like models and objects are being shown.
Demonstrative evidence consists of trial exhibits that are admitted in evidence or visual aids that will not be entered in evidence, but are simply used by a witness or by the lawyer to explain matters that are relevant to the trial.
Before a demonstrative exhibit may be used at trial, a witness should establish that the exhibit resembles and is substantially the same as the object or area in question.
members.aol.com /richrwg/advtt/hbdemons.htm   (1234 words)

  
 The Litigation Group. Demonstrative Evidence.
Demonstrative evidence is designed to enhance case presentation and improve the jurors' retention of key evidence.
Demonstrative evidence can be as sophisticated as a three-dimensional model or as simple as a 34" X 44" static graphic.
Demonstrative evidence assists in educating and persuading the jury, thereby making the presentation of your case more effective.
www.litigationgroup.com /demevidence   (627 words)

  
 Summary of the Rules of Evidence: A concise summary of the federal and California rules of evidence. Intended as a ...
For example, while evidence of prior bad acts is generally not admissible to show that a person acted similarly in the present case, it may be admissible to show motive, plan, intent, or lack of mistake or, in federal court, to impeach a witness's credibility.
Hearsay evidence is evidence of a statement that was made other than by a witness while testifying at the hearing in question and that is offered to prove the truth of the matter stated.
Evidence of mediation or settlement discussions is not admissible to prove liability for the claims that were being discussed.
www.dicarlolaw.com /RulesofEvidenceSummary.htm   (9866 words)

  
 Articles on the use of demonstrative evidence   (Site not responding. Last check: 2007-10-14)
A great deal of demonstrative evidence has the capacity to generate emotional responses such as pity, revulsion, or contempt, and where this capacity outweighs the value of the evidence on the issues in litigation, exclusion is appropriate.
Evidence which is essentially background in nature can scarcely be said to involve a disputed matter, yet it is universally offered and admitted as an aid to understanding.
Such simulations may be used as demonstrative evidence (to illustrate the expert's testimony), or may be used by the expert as a basis or his or her expert opinion.
www.legalimaging.com /evidence.html   (4715 words)

  
 Virtual Reality Evidence
Rule 403 reads: Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
In determining whether evidence is admissible under Rules 402 and 403, a trial court is granted broad discretion, and generally will not be overturned absent a showing of a clear abuse of discretion, or a finding that a court's holding was clearly erroneous.
However, while virtual reality evidence is certainly novel, and while scientific expert testimony might be required to determine its accuracy, virtual reality evidence probably should not be subjected to the evidentiary test applied to novel scientific evidence if it is not used to present scientific conclusions or to provide information based upon scientific theories.
www.lectlaw.com /files/lit04.htm   (7162 words)

  
 Demonstrative Evidence   (Site not responding. Last check: 2007-10-14)
Real evidence is evidence that, in a sense, speaks for itself, as when the prosecutor holds up a bag containing the murder weapon, asks the police officer "Is this the weapon you found?", and then enters it as "Exhibit A".
Demonstrative evidence is evidence that illustrates or helps explain oral testimony, or recreates a tangible thing, occurrence, event, or experiment.
Scientific evidence falls into this category, as when a toxicologist testifies that the victim died of lead poisoning and refers to a chart of the human body showing the circulatory pathways that the toxin traveled.
faculty.ncwc.edu /toconnor/425/425lect03.htm   (1684 words)

  
 Cooley Godward LLP | News & Publications | In The News | Use of Demonstrative Evidence at Trial
Strong demonstrative evidence enables you to "control the middle of the court" with your client and your case being the focus of the jury’s attention.
The California Supreme Court, in upholding the admissibility of a videotape reenactment of a crime, found that the trial court must weigh whether the demonstrative evidence is a "reasonable representation of that which it is alleged to portray" and whether it "would assist the jurors in their determination of the facts." People v.
If the computer evidence is more in the nature of an illustrative graphic, make sure you have written agreement with opposing counsel as to the timing for disclosing demonstrative evidence and meet those requirements.
www.cooley.com /news/inthenews.aspx?ID=000037527820   (2506 words)

  
 EVIDENTIARY FOUNDATIONS   (Site not responding. Last check: 2007-10-14)
The general rule for admissibility of demonstrative evidence in Missouri is that “objects offered as exhibits constituting direct proof of a fact in issue may be admitted upon foundation proof  that provides reasonable assurance that the object is the object in controversy and that it has not been altered or substituted.” Scheble v.
The second type of demonstrative evidence is that which is created to illustrate a particular point to the jury; usually referred to as true demonstrative evidence.  Examples of this type of evidence include charts, graphs, maps, models and computer simulations.
Like other forms of demonstrative evidence, models shown to be a fair representation of the object depicted may be admitted to aid the fact finder in understanding other evidence.  A wide variety of models have been ruled upon by Missouri courts.  Two recent cases illustrate the creativity which courts may allow.  In Welsh v.
www.mmdlawyers.com /CM/Articles/articles26.asp   (1586 words)

  
 HIGH TECH DEMONSTRATIVE EVIDENCE
To be admissible, demonstrative evidence must be shown to be accurate and relevant to the issues involved in the case.
The admissibility of demonstrative evidence is within the sound discretion of the trial court.
The computer generated recreation is demonstrative evidence which should be admitted into evidence to assist the jury in its role as fact-finder.
www.cyberbar.net /expaper/demev.html   (3108 words)

  
 Ed Steinbrecher - CAALA/Demonstrative Evidence
Demonstrative evidence has a huge influence in producing successful settlement outcome.
Items of demonstrative evidence that should be included in the settlement package include a summary of the medical treatment by date highlighting surgeries, important tests, procedures, therapy, etc. The point of the medical summary is to present the medical evidence in an impactful fashion.
Using demonstrative evidence as an integral part of the settlement demand enhances the opportunity to settle your case now for a higher dollar value.
www.seriousinjurylawyers.com /article_strategies.html   (1265 words)

  
 Developing powerful exhibits
The defense attorney must counter demonstrative evidence that is designed to elicit sympathy, bias and prejudice and help the jury recognize when such improper innuendo is being placed before them4.
It has been demonstrated by social scientists that although jurors retain approximately fifteen percent of what they hear, they will retain almost eighty-five percent of what is presented to them by both auditory and visual means.
It also demonstrates that the attorney is prepared to fund demonstrative evidence and suggests that other exhibits may be in preparation.
www.medleague.com /Services/Developing%20powerful%20exhibits.htm   (1320 words)

  
 Demonstrative Evidence
Demonstrative evidence is evidence juries can feel, taste, or smell.
Demonstrative evidence is useful since most people understand and remember evidence they see rather than evidence they merely hear.
Charts and graphs are often used as demonstrative evidence to show financial losses, trends or life expectancy.
www.geraldrstahl.com /demev.html   (135 words)

  
 Collision Research Associates - Accident Reconstruction - Demonstrative Evidence   (Site not responding. Last check: 2007-10-14)
Demonstrative evidence is the means by which the expert communicates with the attorney, judge, and jury.
It is the visible culmination of the accident reconstructionist's work which allows the jury to understand and remember the important evidence, concepts and opinions developed during the analysis of the collision.
The damage to the vehicles, physical evidence at the collision scene, occupant contact points, and roadway geometry are all items commonly photographed to preserve and illustrate the physical evidence associated with the collision.
www.collision-research.com /pages/evidence/demonstrative_evidence.html   (525 words)

  
 Demonstrative Evidence definition   (Site not responding. Last check: 2007-10-14)
Devices, objects, or pictures that are used in cases to clarify facts for the judge and jury.
Demonstrative evidence is not actual evidence, but are aids that are used to illustrate how an accident occurred, methods that were used in committing an alleged crime, medical damages, or actual damages.
Evidence such as a bullet-riddled body, opposed to a model of a knee or a photograph of an accident, borders between a legitimate aid and inflammatory evidence.
www.legal-explanations.com /definitions/demonstrative-evidence.htm   (76 words)

  
 [No title]   (Site not responding. Last check: 2007-10-14)
Many of these are not supposed to be actual evidence, but "aids" to understanding.
A model of a knee or a photograph of an accident scene obviously helps, but color photos of an operation in progress or a bullet-riddled body can excite the passions of a jury.
The borderline balance between legitimate aids and evidence intended to inflame a juror's emotions is in the hands of the trial judge.
dictionary.law.com /definition2.asp?selected=486&bold=||||   (105 words)

  
 LawKT.com: Law Firm Publications on Demonstrative Evidence
Build the thematic repetition by the threads of consistency running throughout lay testimony, expert testimony, demonstrative evidence and documentary evidence, which are totally consistent with counsel's comments on voir dire, opening statement and summation.
People interpret evidence differently and jurors can come to a consensus for very different reasons, even reaching their conclusions on the basis of entirely different facts.
Regardless of whether one chooses national or regional counsel, in the age of Daubert and complex challenges to the admissibility of scientific evidence, it is critical to assemble a national science team.
www.lawkt.com /pubs/Demonstrative_Evidence.html   (1622 words)

  
 No. 1-02-1859, Velarde v. Illinois Central R.R.
Moreover, since the purpose of the video was to illustrate the evidence regarding Lilia's life at the time of trial, it would make little sense to record her activities months in advance.
We conclude, however, that although this evidence indicates the train crew was looking for vehicles and decreased speed at impact, it does not indicate that it was necessarily reasonable for the train to continue at full speed to this particular intersection.
The evidence established, for example, that Lilia suffers from organic brain damage, post-concussion syndrome, posttraumatic stress disorder, severe and permanent depression, and "ahedonia," which is the inability to experience pleasure.
www.state.il.us /court/Opinions/AppellateCourt/2004/1stDistrict/November/Html/1021859.htm   (8223 words)

  
 Demonstrative Evidence and Entertaining Your Audience
You know that demonstrative evidence can be your best ally in the battle to convey the strengths of your case.
Your demonstrative evidence presentations for trial can no longer be an afterthought that simply mirrors your oral presentation.
The legal community is generally aware of the importance of using demonstrative evidence at trial to aid in explaining difficult concepts and helping jurors retain information.
www.animators.com /aal/pressarticles/demonstrative-evidence-pt1.html   (683 words)

  
 Demonstrative Evidence--Exhibit Services
Graphics as demonstrative evidence include graphs, illustrations, floor plans, technical drawings, roadway drawings, intersection diagrams.
Photography as demonstrative evidence include scene photography, commercial photography, interior, exterior, roadway, aerial photography, injury photography.
Documents as demonstrative evidence are cleaned up, important information is enlarged and highlighted.
www.exhibit-services.com   (251 words)

  
 Web Law Review, Computer-Generated Evidence, Winter 1997
Yet, if we only recognize that CGE is merely traditional evidence in a different form, the use and admissibility of such evidence becomes relatively straightforward, and the separation of wheat from chaff can be accomplished by means of our traditional evidentiary distinctions.
In what is now considered traditional demonstrative evidence, graphs and charts are frequently used in connection with expert testimony, this with the rational that such material is "helpful and useful" to the jury's understanding of the testimony.
I used the exhibits previously marked in evidence in this case, namely, the police accident investigative reports, the emergency service unit reports, the municipality's official roadway maps and the material provided by the defendant on discovery, its specifications for the highway barriers as well as the manufacturer's specifications for the automobile involved.
www.eaglelink.com /law-review/3w97.html   (3073 words)

  
 Demonstrative Evidence for Top Law Firms
So many tools are available to today’s litigators, including jury research, electronic presentation, specialists in getting your message to the press, and demonstrative evidence experts, that to not use such tools may be disadvantageous to your client and your firm.
It is widely recognized that using demonstrative evidence in litigation can benefit your case.
Particularly if you have made the decision to forgo jury research, tell your demonstrative evidence consultant all you know about the judge and jury that will be hearing your case.
www.trialconsulting.org   (614 words)

  
 John Locke -- Overview [Internet Encyclopedia of Philosophy]
In the former case, the agreement or disagreement is immediately perceived; in the latter, it is perceived through the mediation of a third idea, but each step in the demonstration is itself an intuition, the agreement or disagreement between the two ideas compared being immediately perceived.
He thinks also that "morality is capable of demonstration as well as mathematics." But, in spite of the request of his friend Molyneux, he never set out his ethic doctrine in detail.
We cannot demonstrate the necessity of the co-existence of those ideas which constitute the modes or qualities of substances; we cannot perceive their "necessary connexion or repugnancy." The connection between the secondary and the primary qualities remains inexplicable.
www.iep.utm.edu /l/locke.htm   (7767 words)

  
 911 Pentagon Crash Evidence Proves False-Flag Frame-up
What Stanley and Russel have done is scale down a lion until its tail is the same size as a cat, resulting in a puss-sized lion.
Thus even their overlay demonstrating that if the tail fin belonged to a Boeing 757 the plane's fuselage would have had to stick from behind the obstruction, understates the case because the tail fin shown is too small for a Boeing 757 given its location with respect to the Pentagon.
You have now seen enough to know that the "small-plane" evidence is deserving of careful examination.
www.bedoper.com /eastman   (604 words)

  
 How to Use Medical Demonstrative Evidence
Medical Demonstrative Evidence, or MDE, including medical illustrations, animations, anatomical models and computer presentations, helps attorneys and their expert witnesses communicate medical information, clearly and concisely, to a lay or professional audience.
The Doe Report is the world's first and largest regularly updated visual database of Medical Demonstrative Evidence, with subjects ranging from anatomy to pathology to surgery to trauma, covering virtually every medical specialty and subject area pertaining to tort law.
Also, consider the rules of evidence in your jurisdiction: normally, you will have far greater success with admissibility of your MDE during trial if it is discussed and approved during an earlier expert deposition.
rnlogic.doereport.com /mde.php   (1423 words)

  
 Demonstrative Evidence/Exhibits Expert Witnesses & Consultants - ExpertPages
Demonstrative Evidence/Exhibits experts & expert witnesses - Specialists in the study and recreation of accidents through computer animation, simulation, photography, technical illustrations, charts and graphs, scale diagrams and models.
Serve as Demonstrative Evidence/Exhibits expert witnesses and Demonstrative Evidence/Exhibits forensic consultants in Demonstrative Evidence/Exhibits legal matters, and provide Demonstrative Evidence/Exhibits expert reports and testimony for judges, attorneys, lawyers, law firms, insurance companies and government agencies in Federal and state court trials and arbitrations.
If you are unable to find the right Demonstrative Evidence/Exhibits expert, expert witness or consultant in your state, please consult our National List of Demonstrative Evidence/Exhibits experts.
expertpages.com /experts/demonstrative.htm   (320 words)

  
 Demonstrative Evidence for Complex Litigation   (Site not responding. Last check: 2007-10-14)
In order to do this, attorneys must hold the juror’s attention, present the evidence in an understandable manner and make the juror see their side of the story.
Demonstrative evidence is often used to accomplish these tasks.
Demonstrative Evidence for Complex Litigation: A Practical Guide is a helpful resource that will provide you with quick, easy to understand tips on how to use demonstrative evidence and what should be included in your presentation.
www.medleague.com /webstore/lawyersandjudges/demonstrative_evidence.htm   (273 words)

  
 CATHOLIC ENCYCLOPEDIA: Extreme Unction
The use of the present tense in describing the signification of the rite implies the contrary, and independent evidence is clearly against the supposition.
We believe, however, that this is a forced and unnatural way of understanding such testimonies, all the more so as there is demonstrative evidence of the devotional and charismatic use of sacred oil by the laity during the early centuries.
Yet Launoi (Opp., I, 569 sq.) has maintained that deacons can be validly delegated by the bishop to administer extreme unction, appealing in support of his view to certain cases in which they were authorized in the absence of a priest to reconcile dying penitents and give them the Viaticum.
www.newadvent.org /cathen/05716a.htm   (11620 words)

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