150 words min.

Evidence

This week’s discussion board focuses on evidence. Pay careful attention to the different categories of evidence detailed on pages 202-210 of the e-text. Then, review the below fact pattern and answer the questions provided.

Fact Pattern: You represent Sarah Smith in a negligence case. Sarah was shopping in Stop n Shop and slipped and fell on shampoo that was spilled all over the floor of the shampoo aisle. As a result of the fall, Sarah broke her hip. During discovery you conducted a deposition of Lisa Lane. During her deposition, Lisa Lane stated that she saw a large spill of shampoo in the shampoo aisle and complained to store management. She also took pictures of the spill when she saw it. Through discovery, you obtained Lisa’s photos, as well as video footage from store security cameras of the accident, and Sarah’s medical records following the incident.

Questions: Based on the above fact pattern, answer the following: (1) What is relevant evidence for trial purposes? (2) Identify three pieces of evidence that you would use to prove Sarah Smith’s negligence case? Why would you use that evidence? (3) For the three pieces of evidence you identified, explain what category of evidence they fall under (e.g., testimonial (fact or expert), demonstrative).

Discussion Board Requirements:

1. Word requirement: Your original post should be thorough and should meet the 150 word requirement. Posts under 150 words do not receive credit.
2. Follow-up post requirement: You must respond substantively to at least two of your peers or my questions on or before Saturday of week 5.
3. Follow-up posts must be substantive: Substantively refers to adding something to the conversation. Do not just say “I agree” or “Good post”. If you agree, discuss why. If you think it is good, discuss why. Focus on explaining your own post. Feel free to include references to the e-text, real-world examples or references to cases you have read about in the media. Refer to the Discussion Board Rubric on syllabus for guidance.
4. Citations: Every original post must always include citations to your references. If you are using the e-text, you must include a page number. If a page number is not provided, you will lose credit.