FACT GATHERING AND EVIDENCE
Instructor Peter M. Johnson, Esq.
Course Description
This course introduces students to concepts of evidence and discusses the proof of facts. The course also introduces students to formal and informal methods of fact gathering, including interviewing and the use of public and private sources of information.
Course Objectives and Outcomes
Successful completion of this course will provide students with an introduction to the principles of law and paralegal skills that will enable them to:
1) Locate rules of evidence and understand their application to proof of facts
2) Recognize and identify types of records and information, public and private
3) Recognize the roles private investigators may have in assisting attorneys
4) Discuss techniques used in conducting client and witness interviews.
Course Materials
Introduction to Paralegalism, William Stasky, 4th Edition
Supplemental Course Packet, Fact Gathering and Evidence
Colorado Rules of Court, West Publishing Company (2003)
Student Evaluation
Projects (2) Value 33% Each
Tests (1) Value 33% Each
As in every course at DCC class attendance is very important.
All tests are take home tests and they must be turned in on or before the date due. The written assignments must be turned in on the date due for credit towards your final grade. I reserve the right to refuse to accept late assignments or to reduce the grade appropriately. If you must miss a deadline for turning in a test or written assignment, you must contact me BEFORE the date due or examination or as soon as practicable. If I determine your reason for missing the test or deadline or assignment to be valid, I will make alternate arrangements with you.
All assignments must be typed, no handwritten assignments will be accepted. All of the following factors will be considered in evaluating your assignments: grammar, punctuation, spelling and appearance.
All assignments must be turned in by midnight of the date that they are due. I will accept assignments if they are turned in personally during or after class, faxed to my office at (303) 350-8502 or by e-mail. My e-mail address is
All courses at DCC require adherence to uniform faculty policies regarding attendance and timely completion of tests and assignments. Please refer to the DCC student handbook for a complete description of these and other academic standards and policies.
I highly encourage questions and comments during class, as well as, during breaks and after class. Should you have any questions outside of class, you may contact me at my office, or may fax or e-mail me your questions.
SCHEDULE OF ASSIGNMENTS PROJECTS AND EXAMS
May 31, 2005
In Class Watch My Cousin Vinny
June 2, 2005
Introduction to Evidence and Fact Gathering
1. A. What is Evidence
1. Proof of Facts
(a) Testimony
(b) Exhibits
(c) Stipulations
(d) Judicial Notice
2. Direct Evidence
3. Circumstantial Evidence
2. What is Investigation?
1. Discovering or Verifying Facts
2. Formal Discovery
3. Informal Discovery
3. Use of Evidence and Fact Gathering
1. Verification Of Clients Version Of Event
2. Evaluation Of Case Potential
3. Preparation of Case for Settlement
4. Preparation of Case for ADR or Trial
Assignment: Read Colo. R. Evid 101-106, 201, 202, 401-403, 501, 601, 701-705, 901, 902, 1001
Colo.R.Civ. P. 16, 26, 32-36
Colo.R. Crim.P. 16
In Class Discuss My Cousin Vinny
June 7, 2005
APPLICATION OF THE RULES OF EVIDENCE TO INFORMATION GATHERED
A. Overview of the structure of the rules of evidence / Main topics
1. Relevancy
2. Writings, records, photographs
3. Witnesses
4. Judicial Notice
5. Experts
6. Privilege
B. Admissibility of Evidence
1. Trial objections
2. Motions in Liminie
3. Limiting Jury Instructions
June 9, 2005
WITNESSES
A. Who Can Testify
1. Competency
2. Personal Knowledge
3. Exceptions
B. Impeachment
1. Character
2. Bias / Prejudice
3. Criminal Convictions
4. Prior inconsistent statements
5. Impaired capacity
C. Privileges
D. Opinions
1. Experts
2. Lay Persons
Read Rules 501, 601-610, 613, 616, 617, 701-705
June 9, 2005
EXHIBITS
A. Identity and Authenticity
1. Testimony of Witness
a. Business Records
b. Chain of Custody
c. Photographs
d. Computer Printouts
2. Self Authentication
B. Duplicate and Unavailible Documents
C. Inadmissible and Ineffective Documents
D. Recorded Recollection
Read Rules 901, 902, 1002-1006
PROJECT NUMBER 1 DUE
June 14, 2005
INTERVIEWING AND INVESTIGATING
A. Legal Interviewing
1. The Context Of Interviewing In Litigation
2. The Format Of An Intake Interview
3. What Does The Client Want.
4. Human Relation And Communication Skills
5. Practical Tips Re Interviewing
6. Analysis Of A Legal Interview.
B. Typical Steps In The Investigation Process
1. Obtaining The Clients Version
2. Visit The Scene
3. Collect Documents And Client Records
4. Locate And Interview Lay Witnesses
5. Obtain Medical Records, Documents, Photos Etc.
C. The Use Of A Litigation Chart.
Read Stasky Chapters 8-9
Supplement page 1 and 30-37
June 16, 2005
SOURCES OF INFORMATION
A. Public and Private Records
B. Internet and Computer Databases
C. Professional Investigators
Read Supplement pages 2-29
June 21, 2005
Project Number 2 Due
Test Number 1 Due
