Term Definitions and Explanations
- DEMONSTRATIVE EVIDENCE: A picture is worth a thousand words is an old cliché. Visual aides to explain to, or educate, the jury are necessary tools to provide lasting impressions on the jury during its deliberations. Demonstrative evidence is evidence that appeals to the senses of sight, sound, or touch of the jurors. Demonstrative evidence is evidence that is not the actual or real piece of evidence, but is a representation or depiction of the actual or real piece of evidence. Trial Evidence, Second Edition, Thomas A. Mauet and Warren D. Wolfson, pp. 321 – 326, (2001).
- EXPERT WITNESS: a person who is permitted to testify at a trial because of special knowledge or proficiency in a particular field that is relevant to the case.
- STORY BOARDING: Storyboarding is a project planning tool that helps teams visualize a narrative, concept, or script, divided into sequential scenes123. Storyboards are typically a series of illustrations displayed in sequence for the purpose of previsualizing a video, web-based training, or interactive media sequence23. They are used to map out how a script or story will look once it is animated or acted out, or for other situations that require a visual guide.
- COLOR USAGE: The best environments, presentations, and products understand color has an impact. Color’s use (or lack thereof!) provokes an emotive response. If you’re saying one thing in a presentation and your color combination is saying something different, your audience will feel conflicted. Your color palette speaks before you do. Color can actually change human behavior. The psychology of color and physiological effects of color are staggering. Color influences our minds, our moods, and our behaviors. Shifting the shade shifts the meaning. It can set off a response that makes people react, influences their decision-making, or even take an action. The right color can be the perfect CTA and contribute to conversion rate. As you can see below, when you change the color, you change the story. Research shows that color transcends our visual sense; it’s a physical wavelength absorbed through the skin. Studies prove that shifting the color in a room can lead to behavioral changes and even affect blood pressure and heart rate in both sighted as well as blind students.
- SIMPLICITY: The facts underlying many disputes can be very simple. Others may be more complicated. In either case, when preparing a pleading, motion papers, or testimony for a court proceeding, the goal for the attorney and the client should be to tell a straightforward and compelling story, as simply as possible. Simply put, this means a story that is stripped of the extraneous facts, unnecessary “background,” and other nuggets of information that may serve only to distract and confuse the decision makers — be they arbitrators, a judge, or a jury.
- MIND MAPPING: Mind mapping is a technique for visualising and organising information12. It involves creating a diagram that shows the relationships among pieces of the whole32. A mind map usually has a central topic or image and branches indicating the relevant categories that are related to the central topic32. Mind mapping can help you better understand, remember and communicate information
- STORY LINE: It is an established fact that people are more likely to understand, trust and believe the information presented to them in the form of a story as opposed to just the facts. This can be both good and bad. Consider how false and seemingly unbelievable information—when wrapped in a story and shared on social media, for example—can effectively sway opinion. The reality is that we make decisions based on emotion first and reason second. More often than not, we make a decision based on emotion and then use our analysis of ‘facts’ to support the decision we have already made. For an effective expert witness, communication of the information is more important than the information in and of itself. When you are able to communicate information in a way that non-technical people can relate to it, your message will be much more effective.
- DO NOT: Blend demonstrative and substantive evidence. “Demonstrative evidence” consists of both real and purely illustrative evidence. The effective preparation and use of demonstrative evidence does not vary with whether it is real, or purely illustrative, or on whether it is admissible or not. Effective case presentation will aid all kinds of jurors, but particularly those jurors who prefer to learn visually because this learning method is the most important process by which jurors obtain information. There are many
reasons for this. Research has shown that we get up to 90 percent of our knowledge from visualsensory impressions and that these are the most memorable and lasting. Effective demonstrative evidence makes a case come alive and motivates jurors to help the side that effectively educates them. Mixing the two types can confuse jurors. If demonstrative evidence appears too substantive, judges may require stricter adherence to evidence rules. demonstrative evidence serves an illustrative purpose, substantive evidence is critical for building a strong legal argument. Keeping them distinct ensures a fair trial.
- PERSUASIVE & UNDERSTANDABLE: Demonstrative evidence, if presented properly at trial, will likely have positive and lasting impact on the jury.
- EVIDENCE:
Types of evidence
Testimony, Documentary, Real (physical), Digital Exculpatory, Inculpatory Demonstrative Eyewitness identification Genetic (DNA) Lies Consciousness of guilt
Relevance
Burden of proof, Laying a foundation, Materiality, Public policy exclusions, Spoliation, Character, Habit, Similar fact
Authentication
Chain of custody, Judicial notice, Best evidence rule, Self-authenticating document, Ancient document, Hague Evidence Convention
Witnesses
Competence, Privilege, Direct examination, Cross-examination, Redirect, Impeachment, Proffer agreement, Recorded recollection, Expert witness, Dead Man's Statute
Hearsay and exceptions
in English law, in United States law, Confessions, Business records, Excited utterance, Dying declaration, Party admission, Ancient document, Declaration against interest, Present sense impression, Res gestae, Learned treatise, Implied assertion
Other common law areas
Contract, Tort, Property, Wills, trusts and estates, Criminal law