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LSDefine

Simple English definitions for legal terms

lay a foundation

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A quick definition of lay a foundation:

Definition: Laying a foundation is the process of proving to a judge that evidence is real and trustworthy before it can be shown to a jury. This is important because evidence that doesn't have a proper foundation can't be used in court. The person who wants to use the evidence has to show that it's real and important. Sometimes this is easy, like when someone saw something happen and can tell the court about it. Other times, it's harder, like when a scientist has to explain why their research is important. Even if evidence has a good foundation, it might still not be allowed in court if it's not helpful or fair to both sides.

A more thorough explanation:

Definition: Lay a foundation is the process of proving to a judge that the evidence being presented is what the person offering it claims it is. Before evidence can be presented to a jury, it must have a proper foundation. The person offering the evidence is responsible for laying the foundation, and if they fail to do so, the judge will exclude the evidence. Laying a foundation can be as simple as an eyewitness stating that they saw something happen and are qualified to testify about it. Other examples include showing that an expert witness is knowledgeable in their field or authenticating physical evidence. However, even if a proper foundation is laid, the evidence may still be excluded if it is irrelevant, hearsay, or could unfairly influence the jury.

Example: During a trial, a witness is called to testify about a car accident they witnessed. Before they can testify, the lawyer must lay a foundation by asking the witness questions to establish their qualifications to testify. The lawyer might ask the witness if they were present at the scene of the accident, if they saw what happened, and if they have any expertise that would make their testimony more reliable. Once the foundation is laid, the witness can testify about what they saw.

Example: In a criminal trial, the prosecution wants to introduce a knife as evidence. Before they can do so, they must lay a foundation by showing that the knife is relevant to the case and that it is the same knife that was used in the crime. They might do this by having a witness testify that they found the knife at the scene of the crime and that it matches the description of the knife used in the crime. Once the foundation is laid, the knife can be introduced as evidence.

lawyer | lay witness

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Dkk
19:42
SEO is big money
2016 pushed the conservative party into populism irreversibly
Dkk
19:43
Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
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