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EVIDENCE IN TRIAL PRACTICE
The Court involves itself with the legal task of ruling on the foundation or relevance of evidence. But, it is the jury's function to determine who to believe and why, and as to what testimony to accept and why. "Powerful" evidence, or the presentation of it, involves a blending of both the Rules, and the art form of understanding why the evidence should be presented to the fact finder in the first place. First, we must make sure the evidence we need to complete our theory of the case is admitted. Second, the higher task is to make sure the evidence admitted is persuasive and convincing to the trier of fact....
