examples of how a lawyer makes a “point” using a demonstration

by Moses Stamm 5 min read

How do you respond to a demonstration?

The lawyer is then forced to use a laser pointer or try to explain something the audience can’t really see, leaving the audience frustrated. A better approach is to use callouts that take the salient point of a scanned document and superimpose it on top of the scan in larger readable text, highlighting the key point the lawyer wants to make.

What is an example of a public demonstration?

I found a great article on twelve common deposition techniques attorneys use to throw off the witness. The list is below, but the article is worth reading. The Big Pause. How Boring. Mr. Nasty. The Stick. The Carrot. The Fireside Chat. You Must Be An Idiot.

What is an example of demonstrative evidence?

Organize the body of your speech into 2-5 main points which correspond to parts of your process- -rather than in a long series of steps. Provide clear “signposts” for each main step in the process. IV. Preparation: Arrange and test any AV equipment beforehand. Practice repeatedly so you can handle items easily.

What is the most important piece to organizing a demonstration?

Here are some demonstration speech ideas that center around food. How to: Make a perfect cup of tea/coffee. Use chopsticks perfectly. Smoke a fish. Make hot chocolates. Plan a royal party. Prepare and serve green tea correctly. Prepare butter chicken.

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How can you build a good case to be presented in court what are the things that you need to remember?

Tips for presenting your case in court
  1. Observe other trials. ...
  2. Do your homework and be prepared. ...
  3. Be polite, courteous, and respectful to all parties. ...
  4. Tell a good story. ...
  5. When presenting your case in court, show the jury; don't tell. ...
  6. Admit and dismiss your bad facts.

How do lawyers answer questions?

Give positive, definite answers when at all possible. Avoid saying, “I think”, “I believe”, or “In my opinion” if you can answer positively. If you do know, then say so. You can be positive about important things which you would naturally remember.Apr 22, 2015

What are the four responsibilities of lawyers?

It describes the sources and broad definitions of lawyers' four responsibilities: duties to clients and stakeholders; duties to the legal system; duties to one's own institution; and duties to the broader society.Nov 25, 2014

How do you explain what a lawyer does?

A lawyer conducts research on legal issues and is qualified to interpret laws, regulations, and rulings. They draw up legal documents like wills, deeds, contracts, lawsuits, and appeals. They may also oversee legal assistants or paralegals. A lawyer can specialize in many different areas of this profession.

What to say if you don't want to answer a question in court?

Good ways to say anything but "No Comment" to questions you really don't want to answer:
  • "I'm sorry but I'm not able to speak to that subject"
  • "Thanks for asking but I'm not able to answer that question"
  • "I'm sorry but that information is proprietary"
Jul 17, 2008

What do lawyers say in their opening statement?

Opening statement:

It is during the opening statement that attorneys will tell the story of the case and what they hope to prove using the evidence that will be presented.

Can lawyers have tattoos?

Firms whose dress codes are based on their clients' reasonable expectations – rather than any hidebound concepts of what their staff should look like – may offer their lawyers a lot of leeway in their appearances, including accepting body jewelry as long as it is tasteful and discreet, and even tattoos.Jan 30, 2017

What are the ethics of a lawyer?

Areas covered by ethical standards include: Independence, honesty and integrity. The lawyer and client relationship, in particular, the duties owed by the lawyer to his or her client. This includes matters such as client care, conflict of interest, confidentiality, dealing with client money, and fees.

What are lawyers not allowed to do?

“An Advocate shall not solicit work or advertise, either directly or indirectly, whether by circulars, advertisements, touts, personal communications, interview not warranted by personal relations, furnishing or inspiring newspaper comments or procuring his photograph to be published in connection with cases in which ...Nov 1, 2019

What are the five functions of lawyer?

The Essential Functions of the Great Advocate
  • counseling - ...
  • Advocacy - ...
  • Improving his profession, the courts and law - ...
  • Unselfish Leader of public opinion - ...
  • Proactive to accept responsibility -

How do you explain what a lawyer is to kids?

A lawyer is a person who practises or studies law, especially (in the UK) a solicitor or a barrister or (in the US) an attorney. A lawyer has earned a degree in law, and has a license to practice law in a particular area. If people have any problem regarding the law, they can contact a lawyer for advice.

How much does a lawyer make a year?

A: In 2020, the average salary of a lawyer was approximately $12,410 a month, which amounts to about $148,910 a year. Q: Do lawyers who own private practices or partners in law firms have a higher salary? A: Lawyers working in law firms generally earn more than those who own private practices.

What is demonstrative evidence?

It's admissible when it fairly and accurately reflects the witness's testimony and is more probative than prejudicial. Maps, diagrams of a crime scene, charts and graphs that illustrate physical or financial injury to a plaintiff are examples of demonstrative evidence. Witnesses create and use demonstrative evidence at trial, and opposing counsel may use the same evidence to prove contrary positions.

Why is real evidence admitted?

Real evidence is usually admitted because it tends to prove or disprove an issue of fact in a trial. Real evidence is usually involved in an event central to the case, such as a murder weapon, clothing of a victim, narcotics or fingerprints. In order to be used at trial, real evidence must be relevant, material, and authentic.

What are the different types of evidence?

There are four types evidence by which facts can be proven or disproven at trial which include: Real evidence; Demonstrative evidence; Documentary evidence; and.

Why is bloody fingerprint evidence important?

For instance, the evidence of a bloody fingerprint would help to establish the fact that a certain person was at the scene of the victim's murder. Real and demonstrative evidence are two important forms of evidence, but they can be only used at trial if they're admissible and relevant.

What is the Federal Rule of Evidence 609?

For example, if a defendant in a criminal case takes the witness stand to testify in his own defense, Federal Rule of Evidence 609 allows the government to impeach the defendant's testimony with evidence of prior bad acts.

What is the rule for exclusion of evidence?

So what's a judge to do? Under the federal rules, relevant evidence is to be excluded if "its probative value is substantially outweighed by the danger of unfair prejudice." Similarly, Federal Rule 403 allows for exclusion to avoid "substantial danger of undue prejudice."

What is the process of laying a foundation?

In order to be used at trial, real evidence must be relevant, material, and authentic. The process whereby a lawyer establishes these basic prerequisites is called laying a foundation, accomplished by calling witnesses who establish the item's chain of custody.

What is the nature of a demonstration speech?

I. Nature of a Demonstration Speech: In a demonstration speech, you inform your audience by showing them…

Who wrote the elements of an excellent demonstration speech?

Elements of an Excellent Demonstration Speech. Authored by: Phil Venditti. Provided by: Clover Park Technical College, Lakewood WA. License: CC BY: Attribution

How to speak to your audience?

Speak to your audience rather than to your objects, using the T-T-T method (touch/turn/talk); maintain eye contact

When should you hand out handouts?

Pass out handouts before or after your speech unless people really need to read or see somethingin writing during the presentation itself

What is the best thing about a demonstration speech?

One of the best things about a demonstration speech is that you can easily go through the steps sequentially. It’s best to keep these steps simple and easy to follow. The number of steps should also not be too numerous. For example, “25 easy steps to boil water” already sounds daunting even though it’s just to boil water.

What is demonstrative speech?

A demonstration speech (or a demonstrative speech) aims at teaching something to an audience with an expert approach. Your audience assumes you have lots of knowledge about the demonstrative speech topic and are therefore ready to listen and learn. It could be any topic and demands your teaching from a wealth of knowledge. Therefore, if you have to give a demonstration speech, be sure you already have in-depth knowledge of the topic or will be able to gain a considerable amount of understanding after you research the topic.

What to do if you don't outline your speech?

If you don’t provide your audience with an outline, they may find it difficult to follow the steps later on. Always learn to deliver your demonstrative speech topics with visual aid – diagrams, etc., that simplifies the concept and that you can refer to during the demonstration. This is also a great place to show the list of prerequisites, assumptions, or materials needed.

How to get your audience excited about what you have to tell them?

There are numerous ways to get your audience excited about what you have to tell them, but usually, one of the best ways is to start with a story that paints a picture of how this knowledge will improve their lives and what they stand to lose without this knowledge.

Can you go wrong with a demonstrative speech outline?

However, you can never go wrong if you apply this demonstrative speech outline format below.

How to use PowerPoint for attorneys?

1. Show And Tell. Do whatever you can to show your case while you talk about it. Studies have shown that people retain only about 10 percent of what they hear after a couple of days, and 35 percent of what they read.

Why do I love PowerPoint?

I love PowerPoint because it’s generally easy for anyone to create something for a presentation, and with a little bit of work, create something quite useful. It also is so prevalent in the U.S. that pretty much any place you plan to make a presentation, including courtrooms or a mediator’s office, will accommodate or provide a laptop that has PowerPoint installed. For busy attorneys on deadline who need to present their case at mediation or in court, this ease of use is key.

Why do contrasts not go together?

The reason they contrast is they do not go together. If you need to keep a jury’s attention for an hour long or more, you don’t want to be shouting at them the whole time.

Can PowerPoint be misused?

One of my all-time favorite examples of how PowerPoint can be misused as a presentation tool is the Gettysburg Address created by Peter Norvig in PowerPoint (click below to navigate through the whole presentation):

What percentage of information is retained when visual aids are shown in conjunction with oral presentations?

However, when visual aids are shown in conjunction with an oral presentation, then the retention rate of information increases to over 65 percent. You want to engage both the brain’s “left side” analytical mode and the “right side” creative mode to increase memory retention.

Is it better to draw bullet points or graphics?

Using any graphic element is better than text only with bullet points. While I complained above about the drawing tools of PowerPoint, they at least allow you to create simple images and shapes, such as arrows. By drawing arrows on a photograph, you can show the path of the cars in an auto-accident. Or, by making simple text boxes and drawing lines between them, you can create an organizational chart to show who the players in the case are and the relationship of the parties to one other.

Can you play audio on a PowerPoint presentation?

With earlier versions, if you made a PowerPoint with an audio file in one slide and a video in another, it might play perfectly on your office desktop—but when you put your presentation on a USB drive to take to trial for opening statement, you might find that neither the audio nor the video will play. That’s because prior to 2010, PowerPoint would only link to an audio or video file as a default. If you saved the PowerPoint file and moved it to another computer, the video and audio would remain back on your desktop, and PowerPoint could not find the files. Being able to embed the files so they become part of the PowerPoint file itself solves this problem.

What is demonstration speech?

As the name implies, demonstration speech is a speech devoted to teaching the audience how to do a particular thing. It is a clear, step-by-step practical guide which intends to show people methods of using regular items and even improve someone’s life with it.

How to convince the audience that your speech is a fly of your imagination?

If you don’t want the audience to think like the entire speech is a fly of your imagination, you should arm yourself with relevant evidence to prove the mentioned points. There are many places you can go to, like local libraries. They contain countless books on your topic, so you can use them for your advantage.

What is an outline in a speech?

An outline is a way to structure the information that you want to share with your audience. The outline should explicitly showcase the order of steps that you will use in your demonstration speech. Many students seem to neglect the power of creating outlines for their academic writing tasks, but in vain.

Why are headings marked with letters and numbers?

headings and subheadings marked with letters and numbers for easier navigation throughout the outline

What makes outlines important?

The key feature that makes outlines as significant as other processes of speech creation is a schematic representation of the main ideas . It means that writing the final variant of your demonstration speech will be much easier as you have an exact plan, and you don’t need to think of the main points on the fly.

What are the factors that influence speech delivery?

There are specific criteria which can help you study the audience prior to delivering a speech. These factors include age, occupation, preferences, interests, and so on. So for example, if your listeners are professional gardeners, they’ll probably expect some useful advice on their sphere of interest. Instead of nurturing them with something as banal as “How to grow a plant,” give them real information, like “How to grow and take care of palm Washingtonia.” Likewise, if your audience composes of teenagers, speak about something thought-provoking, yet not too professional and dull. Take, for instance, the topic on how to become successful, or how to deal with depression.

Can you be an instructor while giving a demonstration speech?

If you ever dreamed of becoming an instructor and teach others, you can use an excellent opportunity to act like one while giving a demonstration speech. Believe us: there’ll be no better chance to engage yourself in such an exciting activity.

What is an objection in a motion?

motion to prevent discussion on a main motion. An objection must be made before discussion begins or subsidiary motions are attached to the main motion. An objection may interrupt a speaker and requires no second.

What is a call for a show of hands?

call by a member for a show of hands or for members to stand to confirm the count following a voice vote. If the Chair fails to recognize a call for division, a motion for a method of voting which determines an accurate count is in order.

What is the purpose of a motion to rescind?

The purpose of the motion to rescind is the annulment of a previously adopted motion. If prior notice is given, only a majority vote is required; if no notice then a 2/3 vote is required.

What is a motion to reconsider?

motion to reconsider proposes that a previously completed motion be discussed and voted upon again. The maker of this motion must have voted with the prevailing side in the previous vote.

What does it mean to appeal a chair's decision?

Appealing the decision of the Chair means that a member disagrees with a decision or ruling made by the Chair. An appeal must be made immediately after a decision made by the Chair, and must be seconded.

What is a request to have the chair return the meeting to the regular order of business?

request to have the chair return the meeting to the regular order of business. This motion may be made only when there is no other privileged motion on the floor, but may be made when another member is speaking. It is a signal that the body is no longer on its agenda.

What is the purpose of minutes?

Minutes are the official record of an organization. Their approval at the next meeting ratifies the actions taken at the previous meeting. If errors to the minutes are not corrected, they still stand as official. Unless the minutes of the previous meeting have been printed and distributed, it is not good practice to dispense with their reading.

What are the factors that determine whether evidence is admissible or not?

There are two basic factors that are considered when determining whether evidence is admissible or not: Relevant – The evidence must prove or disprove an important fact in the criminal case. If the evidence doesn’t relate to a particular fact, it is considered "irreelvant" and is therefore inadmissible. Reliable – Reliability refers ...

How to determine if evidence is admissible?

There are two basic factors that are considered when determining whether evidence is admissible or not: 1 Relevant – The evidence must prove or disprove an important fact in the criminal case. If the evidence doesn’t relate to a particular fact, it is considered "irreelvant" and is therefore inadmissible. 2 Reliable – Reliability refers to the credibility of a source that is being used as evidence. This usually applies to witness testimony.

What is hearsay in court?

Hearsay – Testimony which is made outside of the court to prove the truth of the matter is often excluded. For example, if a witness claims another witness said the defendant hit the victim with a knife and the prosecutor wants to use the testimony to prove that the defendant stabbed the victim, that testimony is considered hearsay. However, the hearsay rule has over forty different exceptions such as the dying declaration exception.

Why is a witness statement considered irrelevant?

An example of this is where a witness statement is considered irrelevant because it doesn’t prove or disprove any facts in the case. In that case, the statement can’t be entered into the record as evidence and won’t be used against the defendant during trial.

What is admissible evidence?

Admissible evidence is any document, testimony, or tangible evidence used in a court of law. Evidence is typically introduced to a judge or a jury to prove a point or element in a case. Criminal Law: In criminal law, evidence is used to prove a defendant’s guilt beyond a reasonable doubt. Civil Law: in civil law, ...

How many exceptions does the hearsay rule have?

However, the hearsay rule has over forty different exceptions such as the dying declaration exception. Character – Evidence to prove that the defendant or the victim has a certain personality trait and that the defendant acted according in consistently with that personality trait is often excluded.

What is the most important aspect of a criminal trial?

Evidence is one of the most important aspects of a criminal trial. If you need help with evidence issues, it is in your best interest to hire a criminal defense lawyer. Your attorney can provide you with professional legal advice and can represent you in court.

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Evidence: Definition and Types

  • Evidence is used at trials to prove or disprove certain facts that would tend to show whether something was true or not. There are four types evidence by which facts can be proven or disproven at trialwhich include: 1. Real evidence; 2. Demonstrative evidence; 3. Documentary evidence; and 4. Testimonial evidence. Not all of these types of evidence carry the same weight …
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Real Evidence

  • Real evidence, often called physical evidence, consists of material items involved in a case, objects and things the jury can physically hold and inspect. Examples of real evidence include fingerprints, blood samples, DNA, a knife, a gun, and other physical objects. Real evidence is usually admitted because it tends to prove or disprove an issue of fact in a trial. Real evidence i…
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Demonstrative Evidence

  • Demonstrative evidence, usually charts and diagrams, demonstrate or illustrate the testimony of a witness. It's admissible when it fairly and accurately reflects the witness's testimony and is more probative than prejudicial. Maps, diagrams of a crime scene, charts and graphs that illustrate physical or financial injury to a plaintiff are examples ...
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Documentary Evidence

  • The production of documents at trial is documentary evidencewhich is presented to prove or disprove certain allegations at trial. These documents can be from a vast number of sources from diaries, letters, contracts, newspapers, and any other type of document that you can think of. There are restrictions and qualifications for using documents at trial as there is a need to make …
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Testimonial Evidence

  • When a person gets up on the stand at trial and relates something that they saw or heard, that is testimonial evidence. It is simply a witness giving testimony under oath about the facts of the case.
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Admissibility of Evidence

  • Evidence cannot be used at trial unless it's admissible. The admissibility of evidence depends on more than authenticity and materiality. In addition, the probative value of the evidence (it's ability to prove or disprove facts) must not be outweighed by the sheer shock value, or prejudicial value, of the evidence. For example, a photograph of a murder victim would be admissible to show wh…
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Is The Evidence More Probative Than Prejudicial?

  • The difficult admissibility questions arise when the probative value is low, the prejudicial value is high, but the law requires the People (or the plaintiff) to use the evidence to prove an element of a charge. For example, if a defendant in a criminal case takes the witness stand to testify in his own defense, Federal Rule of Evidence 609allows the government to impeach the defendant's testim…
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More Questions About Real and Demonstrative Evidence? Talk to An Attorney

  • Gathering real evidence and collecting testimonial evidence is never easy, but it often depends on a good defense attorney to gather the right investigators and to lay the proper foundation at trial. If you're being investigated for a crime and may be headed to trial, it's in your best interest to consult with a criminal defense attorneyin your area.
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