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Tanicius

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Re: Evidence Question

Post by Tanicius » Sun Jul 27, 2014 10:15 am

prezidentv8 wrote:My evidence question:

Shit from da Google maps or street view -- can u judicial notice dat shit into dat evidence?

If no -- how dafuq u get dat into evidence?
You literally ask a witness: "Is this an accurate representation of the layout of the area you were talking about?"

All they have to say is "Yes."

You could introduce a hand-drawn map on a napkin if you wanted, provided you could get a witness to testify under oath that it satisfies their personal knowledge of the area.

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alicrimson

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Re: Evidence Question

Post by alicrimson » Sun Jul 27, 2014 10:31 am

Tanicius wrote:
prezidentv8 wrote:My evidence question:

Shit from da Google maps or street view -- can u judicial notice dat shit into dat evidence?

If no -- how dafuq u get dat into evidence?
You literally ask a witness: "Is this an accurate representation of the layout of the area you were talking about?"

All they have to say is "Yes."

You could introduce a hand-drawn map on a napkin if you wanted, provided you could get a witness to testify under oath that it satisfies their personal knowledge of the area.
Edit: I can't read. lol.

But, yeah, some courts have taken judicial notice of google maps. It's supposedly not a guarantee though.

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Tanicius

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Re: Evidence Question

Post by Tanicius » Sun Jul 27, 2014 10:33 am

alicrimson wrote:
Tanicius wrote:
prezidentv8 wrote:My evidence question:

Shit from da Google maps or street view -- can u judicial notice dat shit into dat evidence?

If no -- how dafuq u get dat into evidence?
You literally ask a witness: "Is this an accurate representation of the layout of the area you were talking about?"

All they have to say is "Yes."

You could introduce a hand-drawn map on a napkin if you wanted, provided you could get a witness to testify under oath that it satisfies their personal knowledge of the area.
Or, kinda irrelevant but... go for judicial notice of the google map.
"Answer Choice A, laying foundation through a witness, is the stronger answer, because in the fact pattern it is not stated that Google Maps, Answer Choice B, is reliable enough to allow for judicial notice. Also keep in mind that we, the authors of this test, are baby boomers who do not understand technology."

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prezidentv8

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Re: Evidence Question

Post by prezidentv8 » Sun Jul 27, 2014 1:11 pm

Tanicius wrote:Also keep in mind that we, the authors of this test, are baby boomers who do not understand technology."
This is really where I come down on this issue

Law-So-Hard

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Re: Evidence Question

Post by Law-So-Hard » Sun Jul 27, 2014 5:51 pm

LOL. I respect those baby boomers, they had to write PTs by hand!!!!

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Tanicius

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Re: Evidence Question

Post by Tanicius » Sun Jul 27, 2014 5:54 pm

Law-So-Hard wrote:LOL. I respect those baby boomers, they had to write PTs by hand!!!!
Yeah back when you were expected to write a third as much for a passing grade.

Asleep

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Re: Evidence Question

Post by Asleep » Sun Jul 27, 2014 5:55 pm

At the Drive-In wrote:
Asleep wrote:Can I get a conviser cite to asking about arrests being okay on impeachment?

My initial thought was B.
Evidence, Page 7, D(b)(1)+Exam Tip at the bottom of the page.

"Any misconduct, including prior arrests, may be inquired about while cross-examining defendant's character witness. Remember, however, that the prosecutor is limited to inquiry of the witness; she may not introduce any extrinsic evidence of the misconduct. Be careful to distinguish asking a character witness whether he is aware of the defendant's prior arrests which is proper, and impeaching a witness with the witness's arrests, which is improper."

Further, page 24 d(1) + Exam Tip
Thank you!

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