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Is It Admissible? Fun with the 80's

Is It Admissible? Fun and Fictional Scenarios from the 1980s

If you have been following our blog posts or podcasts, you know that I am a huge fan of the 1980s. Today, let's have some fun with a trip back to that beloved decade. We'll imagine some of our favorite 80s characters in legal battles, asking whether certain pieces of evidence would be admissible in court. After each scenario, we'll break down the answer and analysis.

is it admissible

Let's get started. Is it admissible?

Is it admissible

Scenario 1: Marty McFly's Hearsay

Situation: Marty McFly from Back to the Future testifies that Doc Brown told him, "I invented the time machine in my garage."

Question: Is this statement admissible?

Answer: No, it's hearsay.

Analysis: Marty's testimony about what Doc Brown said is an out-of-court statement offered to prove the truth of the matter asserted. Since Doc Brown is not available to be cross-examined, the statement is considered hearsay and is inadmissible unless an exception applies, which it does not in this case.


 

Is It Admissible

Scenario 2: Ferris Bueller's Day Off - Photo Evidence

Situation: During Ferris Bueller's trial for truancy, a photo taken by his sister showing Ferris at the baseball game is presented as evidence.

Question: Is this photo admissible?

Answer: Yes, with proper authentication.

Analysis: The photo is a piece of demonstrative evidence. To be admissible, it must be properly authenticated by a witness who can testify that the photo accurately depicts what it purports to show. Ferris's sister can authenticate the photo, making it admissible.


 

Is It Admissible

Scenario 3: E.T.'s Phone Call

Situation: In a trial involving E.T., Elliott testifies about E.T.'s recorded phone call home, "E.T. phone home."

Question: Is the recording admissible?

Answer: Yes, with proper foundation.

Analysis: The recording can be admissible if it is properly authenticated and shown to be relevant. Elliott would need to testify about the circumstances of the recording and confirm that it accurately captures E.T.'s statement. The content of the recording is not hearsay because it is not offered for the truth of the matter asserted but to show that the call was made.


 

Is It Admissible

Scenario 4: Ghostbusters' Spectral Evidence

Situation: The Ghostbusters are sued for property damage, and they present a video of Slimer causing the damage as evidence.

Question: Is the video admissible?

Answer: Yes, with authentication.

Analysis: Like photographic evidence, video evidence must be authenticated. A witness familiar with the events (e.g., one of the Ghostbusters) can testify that the video accurately represents what happened. This makes the video admissible in court.

 

Is It Admissible

Scenario 5: He-Man's Declaration Against Interest

Situation: Skeletor claims He-Man confessed to breaking into Castle Grayskull. He-Man is unavailable to testify.

Question: Is Skeletor's testimony about He-Man's confession admissible?

Answer: Yes, under the declaration against interest exception.

Analysis: A statement against interest is an exception to the hearsay rule. If He-Man's statement was against his own interest at the time it was made (e.g., admitting to a crime), it can be admissible even though He-Man is unavailable to testify. Skeletor must prove that He-Man's statement was truly against his interest and that He-Man had no motive to lie.

 

Is It Admissible

Scenario 6: The A-Team's Business Records

Situation: The A-Team is on trial for illegal activities. Hannibal presents their detailed mission logs as evidence.

Question: Are these business records admissible?

Answer: Yes, if they meet the criteria.

Analysis: Business records can be admissible if they are made at or near the time of the event, by someone with knowledge, kept in the regular course of business, and it was the regular practice to make such records. If Hannibal can establish these criteria, the mission logs are admissible.


Conclusion

Exploring these fictional scenarios with a few of my favorite 1980s characters is a fun way to illustrate the principles of evidence admissibility in New Jersey Courts. Hopefully, you enjoyed this post as much as I did writing it.



 

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For detailed insights and legal assistance on topics discussed in this post, including litigation, contact the Law Offices of Peter J. Lamont at our Bergen County Office. We're here to answer your questions and provide legal advice. Contact us at (201) 904-2211 or email us at  info@pjlesq.com.


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Litigation Attorney Peter Lamont

About Peter J. Lamont, Esq.

Peter J. Lamont is a nationally recognized attorney with significant experience in business, contract, litigation, and real estate law. With over two decades of legal practice, he has represented a wide array of businesses, including large international corporations. Peter is known for his practical legal and business advice, prioritizing efficient and cost-effective solutions for his clients.


Peter has an Avvo 10.0 Rating and has been acknowledged as one of America's Most Honored Lawyers since 2011. 201 Magainze and Lawyers of Distinction have also recognized him for being one of the top business and litigation attorneys in New Jersey. His commitment to his clients and the legal community is further evidenced by his active role as a speaker, lecturer, and published author in various legal and business publications.


As the founder of the Law Offices of Peter J. Lamont, Peter brings his Wall Street experience and client-focused approach to New Jersey, offering personalized legal services that align with each client's unique needs and goals​.

 

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