Remove Admissibility Remove Burden Of Proof Remove Evidence
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How to Prepare for Your First Mock Trial

Jonathan Leach LLC

Discuss which side needs to prove what and what the standards of evidence are needed. Then, clarify the burden of proof for each side. Use all evidence (documents, photographs, physical evidence, and expert reports) to support your case. Ensure that each point is backed by solid evidence and credible testimony.

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Self-Collection, Discovery About Discovery, and Curative Sanctions

E-Discovery LLC

The Burden of Proof However, the Formel court focused on the burden of proof: The Federal Rules of Civil Procedure are silent about which party bears the burden of proving the reasonableness of the steps to preserve ESI. Other courts would place the burden on the party moving for sanctions. … May 26, 2011).

Discovery 130
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The Judge's Factfinding Rule (In Jury Trials)

Evidence at Trial

The reality is that before a jury sees or hears any evidence, the judge first decides what the jury will see and hear. A preliminary fact is “a fact upon the existence or nonexistence of which depends the admissibility or inadmissibility of evidence.” ” Fed. ” Cal. Code § 400. See e.g. , Cal.

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Federal Rule of Evidence 702: A Useful Rule (When It's Followed)

Evidence at Trial

What is inadmissible character evidence (Rule 404(a)) to one judge might be admissible "other acts" evidence (Rule 404(b)) to another. —exclude the opinion on the ground that it is fulfilling its gatekeeping role to "ensure that any and all scientific testimony or evidence admitted is not only relevant, but reliable."

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Understanding Jury Duty and Misconduct in the Legal Arena

Jury Analyst

A juror tasked with objective deliberation and verdict issuance based on evidence presented in court embodies the foundational aspect of a fair trial. Courts expect jurors to adhere to strict guidelines that ensure their decision-making process is impartial and based on the evidence presented in the courtroom.

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The Rise of “Post-Truth” Litigation: ALM’s Isha Marathe on How Deep Fakes Threaten the Legal System (TGIR Ep. 209)

3 Geeks and a Law Blog

Marathe believes deep fakes have the potential to severely impact the integrity of evidence and the trial process if the legal system is unprepared. E-discovery professionals are on the front lines of detecting deep fakes used as evidence, according to Marathe. Trust in the integrity of evidence and trial outcomes could be at stake.