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

Can a lawyer present demonstrative evidence through advanced technology?

If the lawyer intends to present demonstrative evidence through advanced technology that is not common practice before the presiding judge, he or she should raise the issue with the court and opposing counsel at a pretrial conference.

Are demonstrative exhibits admissible in court?

Because demonstrative exhibits often resonate powerfully with a jury, courts weigh their admissibility carefully. A demonstrative exhibit must be relevant to material issues in the case and “constitute an accurate and reasonable reproduction of the object involved.” Taylor v. State, 640 So.2d 1127, 1134 (Fla. 1st DCA 1994), quoting Alston v.

What to do if the court does not understand a point?

Very often you will find that the Hon’ble Court does not understand a point of law that you have been arguing for a long time. You cannot show your irritation or say anything that would imply that it is the Court that does not understand. You have to say “I am afraid/I am sorry that/Perhaps I could not make myself clear. It is my fault.

Can a proponent provide demonstrative evidence to illustrate an expert’s opinion?

Where a proponent offers demonstrative evidence to illustrate an expert’s opinion, he or she must lay the foundational requirements necessary to introduce the expert’s opinion. Pierce v. State, 718 So.2d 806 (Fla. 4th DCA 1997).

What are the 5 types of demonstrative evidence?

Demonstrative evidence can take a variety of forms: models, graphs, diagrams, charts, drawing, photographs, videos, scientific tests, computer reconstruction or any other object that can explain or illustrate issues in the case.

What is demonstrative evidence in law?

Primary tabs. Demonstrative evidence can be objects, pictures, models, displays, or other devices used in a trial or hearing to support facts that the party is trying to prove.

How do you use demonstrative evidence?

As for relevancy, in order for the demonstrative evidence to be admissible, the demonstrative exhibit must actually be used to illustrate or explain the verbal testimony of a witness as to a matter that is relevant to the case in question.

Is demonstrative evidence real evidence?

While real evidence is substantively used to prove a fact at issue in the case, demonstrative evidence is used to clarify, explain, and offer a visual aspect of the presentation.

Which of the following are examples of demonstrative evidence?

Just a few examples of demonstrative evidence include photos, x-rays, videotapes, movies, sound recordings, diagrams, forensic animation, maps, drawings, graphs, simulations, and models.

Why is demonstrative evidence is used in trials?

Demonstrative evidence, used as a tool to facilitate "connecting" with the jurors, allows the trial attorney to make a visual impact that will resonate in jurors' minds, long after its presentation during the course of the trial.

What are some examples of direct evidence?

Examples of direct evidence include:Security camera footage showing a person breaking into a store and stealing items;An audio recording of a person admitting to committing a crime;Ballistics tests that show a bullet was fired by a specific firearm;Eyewitness testimony that a person saw the defendant commit a crime;More items...•

Is demonstrative evidence hearsay?

A demonstrative summary exhibit cannot summarize or include inadmissible hearsay. Even where only portions of the underlying source material constitute improper hearsay, those defects may be imputed to the summary exhibit as a whole.

Which of the following is not an example of demonstrative evidence?

Which of the following is not an example of demonstrative evidence? A broken rear-view mirror.

What are the 4 types of evidence?

The four types of evidence recognized by the courts include demonstrative, real, testimonial and documentary.

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 documentary evidence?

Documentary Evidence. The production of documents at trial is documentary evidence which 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.

What is 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.

Why are demonstrative exhibits important?

Because demonstrative exhibits often resonate powerfully with a jury, courts weigh their admissibility carefully. A demonstrative exhibit must be relevant to material issues in the case and “constitute an accurate and reasonable reproduction of the object involved.”. Taylor v.

Can a model be used in evidence?

D: Yes … . In the face of an objection to the introduction of a model into evidence, it should be made clear that it is not the intent to equate the model with an identical replica of the object; the model is being used to facilitate an understanding of the witness’s testimony and should be admitted on that basis.

Is a chart of evidence merely cumulative?

An attorney offering a chart as demonstrative evidence should also make sure that the chart is not merely cumulative of other testimony, is not misleading, and does not contain inaccuracies, unfairly prejudicial captions, or otherwise inadmissible statements (e.g., hearsay).

Is the model prejudicial?

The model is not to scale and is therefore prejudicial. A: Your Honor, the model is to be used only for demonstrative evidence as an aid to help the witness explain his testimony and to help the jury understand it better. J: Objection overruled.

Is it possible to be admitted to evidence if an exhibit is accurate?

Generally, however, the more accurate the exhibit, the more likely it is to be admitted into evidence. Nevertheless, a trial lawyer must be cognizant of how demonstrative evidence is properly used, as failure to do so can result in reversible error.

Is demonstrative evidence admissible in Florida?

Although demonstrative evidence is not defined in the Florida Evidence Code, treatises generally distinguish demonstrative evidence from traditional forms of admissible evidence, such as real, documentary, or testimonial evidence.

What is the most important weapon in a lawyer's arsenal?

One of the most important weapons in a lawyer’s arsenal is “argument”. The word “argument” engenders visions of debate, the heat and fury of positions attacked and defended strongly, though with words.

Who said a judge is like an ill tuned cymbal?

Even though quite a long time back Francis Bacon, then Lord Chancellor, commented about garrulous Judges that a much-talking Judge is like an ill-tuned cymbal, in real life they are the norm.

How were these things formulated?

How these things were formulated has many answers, but the most commonly accepted one is that these hark back to the courtly culture of a High Court of the King, where unless the King was pleased to suffer you speak, you had to keep quiet. What you say must please him. A bit like “Her Majesty’s Loyal Opposition”.

Who is Protik Da?

Mr. Protik Prokash Banerji, popularly called Protik da by law students is an advocate at the Kolkata HC. Interning at his chambers is an experience of a life time. People who learn drafting and oratory skills from him swear by the excellent teacher he is. He talks about movies and literature as authoritatively as he talks on law and wrote on such subjects for the Economic Times in 1994-1995. Presently Protik Da is the Junior Standing Counsel, Govt of West Bengal, HC at Calcutta.

What are the strategies lawyers use in court?

There are, a number of tried-and-true strategies that successful lawyers use when handling a case. Here are just a few: They Anticipate Likely Objections – Anticipation is key when it comes to the courtroom. Convincing lawyers are able to anticipate the objections and questions judges and jurors may have about their case and address them head on, ...

What do lawyers do?

They don’t just talk about the facts; they present them. They give their audience visible, tangible proof that the case is as they say it is by providing concrete evidence, clothing, pictures of the crime scene or the victim, documents etc.

What is a convincing lawyer?

Convincing lawyers are able to anticipate the objections and questions judges and jurors may have about their case and address them head on, before the audience even has time to realize it.

Why do lawyers get paid?

Lawyers are paid to convince others. Whether they are convincing a judge that a defendant is guilty or they are defending their own client’s position, one thing is for certain: they must be persuasive. In fact, a lawyer’s success is directly correlated to their ability to convince.

What does it mean when a lawyer acts for himself?

There’s a phrase in legal circles: “A lawyer who acts for himself has a fool for a client.” It means that the best person to represent you is someone who isn’t emotionally connected to your case. As a self-rep, you’re acting for yourself, so of course you’re emotionally connected.

What is the skill of telling the judge why you're in court?

Skill 1. Telling the judge why you’re in court, and what you want, in just one or two sentences. Many self-reps feel that finally being in front of a judge gives them the chance to “tell my story” and get a whole lot of grievances and complaints off their chest.

What does it mean to have an unbundled lawyer?

With unbundled services, a lawyer will agree to help you with part of your matter but not take over all of your case. It might be to prepare documents for you or to appear in court for you. Or it might be to spend time with you going over your documents and discussing strategy.

How to be a good judge?

So long as what you say is truthful and supported by the evidence, it shows that you’re a trustworthy person to whom the judge should pay attention. It’s a terrific way to be effective. Skill 2. Practice, practice, practice. It’s not easy to get the reason you’re in court into just a few, clear, sentences.

Can you get the reason you're in court into just a few sentences?

It’s not easy to get the reason you’re in court into just a few, clear, sentences. It takes practice. Thinking that you can ad lib this when the judge looks at you to speak is a big mistake. Good lawyers take lots of time to get their case into the important first few sentences. They try doing it different ways.

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 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.

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.

Can you put a PowerPoint presentation on a USB drive?

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 ...

Why do we like formulas, maps, and step-by-step directions?

We like formulas, maps, and step-by-step directions because they help us to navigate unfamiliar territory.

Is the second part of the rule formula enough to give your reader the black letter law?

The second part of the Rule formula can get a little trickier, however, but is generally is not enough to give your reader the black letter law. When you are writing an interoffice memorandum, for instance, you are taught to include case illustrations in the “Rule” or “Rule Explanation” section of your analysis.

Evidence: Definition and Types

Real Evidence

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 ...

See more on findlaw.com

Documentary Evidence

Testimonial Evidence

Admissibility of Evidence

Is The Evidence More Probative Than Prejudicial?

More Questions About Real and Demonstrative Evidence? Talk to An Attorney