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Topic: Best evidence rule


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In the News (Wed 15 Feb 12)

  
 INDIANA RULES OF EVIDENCE   (Site not responding. Last check: 2007-10-21)
Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.
Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering or promising to accept a valuable consideration in compromising or attempting to compromise a claim, which was disputed as to either validity or amount, is not admissible to prove liability for or invalidity of the claim or its amount.
Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for the purpose of showing that, by reason of their nature, the witness's credibility is impaired or enhanced.
www.in.gov /judiciary/rules/evidence/index.html   (6691 words)

  
 Evidence - Encyclopedia.WorldSearch   (Site not responding. Last check: 2007-10-21)
Prior to the 1975 enactment of the Federal Rules of Evidence (FRE), the rules of evidence were governed primarily by a chaotic body of case law at both the federal and state levels.
The FRE and its state counterparts were mostly inspired by the California Evidence Code, which had been enacted in 1872.
Evidence is also the title of a science fiction short story by Isaac Asimov.
encyclopedia.worldsearch.com /evidence.htm   (465 words)

  
 Summary of the Rules of Evidence: A concise summary of the federal and California rules of evidence. Intended as a ...
Rules that apply only in limited circumstances include ones like those relating to the scope of cross examination of a plaintiff in a case of sexual assault, a juror's incompetence to impeach his own verdict, and the proof of valuation of property.
The parol evidence rule, which bars the admission of extrinsic evidence to vary the terms of a written agreement, is usually considered a matter of substantive law, not of rule of evidence.
The best evidence rule provides that, where a writing is offered in evidence, a copy or other secondary evidence of its content will not be received in place of the original document unless an adequate explanation is offered for the absence of the original.
www.dicarlolaw.com /RulesofEvidenceSummary.htm   (9866 words)

  
 Article - The Best Evidence Rule is Dead . . . Except in the Mind of the Law!
The Best Evidence Rule originally was developed to ensure that the courts considered the best evidence related to a particular matter.
The Best Evidence Rule not only permitted records to be introduced as a primary form of evidence, but also specified that the original records would be preferred.
Rule 901(b)(9) of the Uniform Rules of Evidence reflects what should be the criteria for introducing records into evidence.
www.irch.com /articles/articl11.htm   (2735 words)

  
 Uniform Electronic Evidence Act   (Site not responding. Last check: 2007-10-21)
The evidence adduced under this Act to show the reliability of the record- keeping system may also be used to assess compliance with other rules of evidence.
The best evidence rule generally requires that the proponent of a record should produce the original record or the closest thing available to an original.
The purpose of the best evidence rule is to help ensure the integrity of the record, since alterations are more likely to be detectable on the original.
www.law.ualberta.ca /alri/ulc/acts/eeeact.htm   (2914 words)

  
 Uniform Electronic Evidence Act Consultation Paper   (Site not responding. Last check: 2007-10-21)
That is, the proponent would continue to satisfy the burden of establishing the authenticity of his or her evidence by the introduction of evidence capable of supporting a finding that the record is what its proponent claims it to be.
The best evidence rule requires the proponent of evidence to produce the best evidence available to that party, which has traditionally meant in practice the closest to an original document.
The "function" of the best evidence rule is to ensure the reliability, that is to say the integrity, of the record to be produced in evidence.
www.law.ualberta.ca /alri/ulc/current/eelev.htm   (4689 words)

  
 Wis.LIRC ER Decision: Borum, Torrence - October 19, 2001 - Procedure - Witness and Exhibit List (DWD 218.17 Exchange of ...
Perhaps the thought was, that changing the language of the rule from "serve upon" to "file upon" would have the result of substantively changing the requirement so that it would be necessary for the other party to have actually received the witness list and exhibits by the 10th day prior to hearing.
The "Best Evidence Rule," being a statutory rule of evidence, is thus not binding.
The ALJ stated that she found the evidence concerning the Complainant's "low" rating on the test and his employment history and how that impacted on the decision, to be credible.
www.dwd.state.wi.us /lirc/erdecsns/422.htm   (2693 words)

  
 Are Images Legal? at www.plesums.com   (Site not responding. Last check: 2007-10-21)
The answer is generally "yes, images are sufficient records and legal as evidence." This document is not a formal legal opinion, but summarizes the answers you should expect to get from lawyers who are experts in the rules of evidence, not only in the United States, but in many parts of the world.
Current rules of evidence generally allow that copies of documents may be admitted as evidence as if they were originals, as long as the pictures of the documents are captured in the normal course of business, maintained on a permanent media, and can be reproduced to approximately the original size.
These are the rules that, for many years, have allowed a carbon copy, a photocopy, or a reproduction from a microfilm copy to be admitted as evidence.
www.plesums.com /image/legality.html   (1606 words)

  
 CJ 1123/Best Evidence Rule   (Site not responding. Last check: 2007-10-21)
The Best Evidence Rule requires that the original of a document be presented at trial unless it is unavailable.
A duplicate of a computer data file or program file shall be admissible in evidence as the original itself unless (1) a genuine question is raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original.
A "duplicate of a computer data file or program file" shall mean a file produced by the same impression as the original, or from the same matrix, or by mechanical or electronic recording, in the normal way such a duplicate is produced on a computer, or by other equivalent techniques that accurately reproduce the original.
www.middlesex.mass.edu /criminal_justice/CJ1123/Best.htm   (319 words)

  
 Informants and Surveillance   (Site not responding. Last check: 2007-10-21)
The general rule is that confidentiality (as in "confidential informant" or "affiant") can be maintained if the informant was used in the early stages of a case, say the reasonable suspicion stage, not the probable cause stage, and most definitely if the informant is not required to be a witness at trial.
In city traffic, the best plan is to stay one or two cars behind the subject and far enough to the right so that the subject is not likely to notice you in a rearview mirror.
Rules of evidence subject wiretap information to the authentication rule and best evidence rule.
faculty.ncwc.edu /toconnor/315/315lect09.htm   (5178 words)

  
 BeldarBlog: The CBS News documents, the "Best Evidence Rule," and other relevant legal evidentiary principles
Evidence that a document or data compilation, in any form, (A) is in such condition as to create no suspicion concerning its authenticity, (B) was in a place where it, if authentic, would likely be, and (C) has been in existence 20 years or more at the time it is offered.
A "duplicate" is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent techniques which accurately reproduces the original.
Rule 1004 tells us when, in general, copies are okay even without an original having first been produced for inspection and comparison against that copy:
www.beldar.org /beldarblog/2004/09/cbs_news_docume.html   (4419 words)

  
 Henson and the Best Evidence Rule
The court shall exclude secondary evidence of the content of writing if the court determines either of the following: (1) A genuine dispute exists concerning material terms of the writing and justice requires the exclusion.
(b) In a criminal action, a request to exclude secondary evidence of the content of a writing, under this section or any other law, shall not be made in the presence of the jury.
This presumption is a presumption affecting the burden of producing evidence.
www.holysmoke.org /kh/kh182.htm   (606 words)

  
 best evidence rule plus better Evidence Eliminator   (Site not responding. Last check: 2007-10-21)
best evidence rule definition in evidence parlance, it is the rule by which...
The best evidence rule is the requirement that the best evidence available be presented to the court...
The law of evidence in the Philippines is primarily found...
protectyourfiles.com /th/best-evidence-rule.htm   (336 words)

  
 Which clinical studies provide the best evidence? -- Barton 321 (7256): 255 -- BMJ
Do these newer results overturn the idea of best evidence and mean that we should abandon the use of a hierarchy of evidence?
Evidence based medicine: what it is and what it isn't.
Chalmers TC, Matta RJ, Smith Jr H, Kunzler A-M. Evidence favouring the use of anticoagulants in the hospital phase of acute myocardial infarction.
bmj.com /cgi/content/full/321/7256/255   (1304 words)

  
 LawKT.com: Law Firm Publications on Best Evidence Rule
Lightman J went on to consider the separate issue of "judicial restraint"- the rule of law requiring courts to exercise judicial restraint in respect of the sovereign acts of a State or separate entity
This notice is required by rule of the Supreme Court of Iowa.
Oregon Evidence Rules consider data stored in a computer, or any printout or output shown to reflect the data accurately, as an "original" writing or recording and thus admissible in evidence as authentic.
www.lawkt.com /pubs/Best_Evidence_Rule.html   (519 words)

  
 The Evidence Site, Main Page
The contents of this web site are written and edited by members of the Evidence Section of the Association of American Law Schools with support from the University of Michigan School of Law.
Faculty and professional staff of institutions that are members of the Association of American Law Schools may become members of the section, with rights to participate in its activities, vote in its elections, and hold office.
This list is a forum for those who are interested in the application of bayesian methods in the presentation and analysis of evidence in court.
www.law.umich.edu /thayer   (524 words)

  
 Best, best, good, bests, bested, besting- WordWeb dictionary definition
Best, best, good, bests, bested, besting- WordWeb dictionary definition
"the best film of the year"; "the best solution"; "the best time for planting"; "wore his best suit"
Canadian physiologist (born in the United States) who assisted F. Banting in research leading to the discovery of insulin (1899-1978)
www.wordwebonline.com /en/BEST   (290 words)

  
 LDS Cops.com
Unexplainable evidence is not evidence that you disregard because it does not fit your hypothesis.
Unexplainable evidence is evidence that you have the wrong hypothesis.
The less the evidence matches up with your hypothesis, the more proof you have that you are on the wrong track.
www.ldscops.com /chapter4.html   (16393 words)

  
 Sources, Citations, Documentation and Evaluating Evidence In Genealogy
The broad definition of a primary source is a record made at or near the time of the actual event described and, preferably, recorded by someone with first-hand knowledge of the event and without a vested interest in what the record says.
On the other hand, "preponderance of evidence" (POE) in a civil case can mean that evidence on the side of the plaintiff only slightly outweighs the evidence on behalf of the defendant.
The evidence most often presented to the Department [of Revenue] is a family tree connecting the decedent to the petitioner, along with birth certificates, death certificates and marriage certificates that establish the connection.
www.pipeline.com /~richardpence/classdoc.htm   (10253 words)

  
 God of the Machine
Their best point was mine: that publishing them would muddy Winters' reputation, and the reputations of poets are easily muddied.
Encomium, at best, is too little too late; at worst it is breast-beating aimed at calling attention more to oneself than to the dear departed.
The very existence of competing "schools" is the best evidence of failure.
www.godofthemachine.com   (12502 words)

  
 Freedom to Tinker » Blog Archive » Wikipedia Quality Check
It badly mischaracterized my testimony, it got the timeline of Judge Jackson’s rulings wrong, and it made terminological errors such as referring to the DOJ as “the prosecution” rather than the “the plaintiff”.
On the other hand, I would suppose that if I were to edit the ‘Edward Felten’ entry to say, “Edward Felten is best known for his groundbreaking work on Java Security” (say) or “the SHRIMP project”, that articles on said topics would soon grow out of the dangling references.
I’m confident the person who did the revert had the best of intentions, but just didn’t understand the minor statement I was correcting.
www.freedom-to-tinker.com /archives/000674.html   (3572 words)

  
 Canada Evidence Act, [R.S. 1985, c. C-5] >> 31.2 Application of best evidence rule -- electronic documents
Canada >> Statutes and Regulations >> Consolidated Statutes of Canada >> Canada Evidence Act, [R.S. 1985, c.
Application of best evidence rule -- electronic documents
(2) Despite subsection (1), in the absence of evidence to the contrary, an electronic document in the form of a printout satisfies the best evidence rule if the printout has been manifestly or consistently acted on, relied on or used as a record of the information recorded or stored in the printout.
www.canlii.org /ca/sta/c-5/sec31.2.html   (144 words)

  
 Pocket Directory - Products for the Mobile Community
Deposition Rules: The Pocket Guide answers the most commonly asked questions about depositions in an accessible, practical style, and includes over 20 Deposition Practice Tips.
These tips, drawn from the actual conduct of counsel in depositions, address numerous areas, including supplementation by experts, the pace of questions, custody of transcript, and breaks in depositions.
Organized in a three-layer subject hierarchy and in an index in remarkably small files, so navigation on your handheld is fast and easy.
www.pocketdirectory.com /software/product.aspx?idProduct=180   (282 words)

  
 The Evidence Site: Bibliography November, 1998-May, 1999
Joseph A. Aluise, EVIDENCE OF PRIOR SEXUAL MISCONDUCT IN SEXUAL ASSAULT AND CHILD MOLESTATION PROCEEDINGS: DID CONGRESS ERR IN PASSING FEDERAL RULES OF EVIDENCE 413, 414, AND 415?, 14 J.L. and Pol.
Glen Weissenberger, Reply, THE ELUSIVE IDENTITY OF THE FEDERAL RULES OF EVIDENCE, 40 Wm.
Truth and Its Rivals: Evidence Reform and the Goals of Evidence Law, 49 Hastings L.J. Evidence And Economics 19 Cardozo L. Rev. 1531 (1998).
www.law.umich.edu /thayer/nov99bib.htm   (6678 words)

  
 best evidence rule : Definition from the Online Dictionary at Datasegment.com   (Site not responding. Last check: 2007-10-21)
best evidence rule : Definition from the Online Dictionary at Datasegment.com
Online Dictionary : B : best evidence rule
1 definition found best evidence rule - WordNet (r) 2.0 (August 2003) : best evidence rule n : a rule of evidence requiring that to prove the content of a writing or recording or photograph the original is required
onlinedictionary.datasegment.com /word/best+evidence+rule   (58 words)

  
 Best Evidence Rule -- Attorneys and Legal Advice   (Site not responding. Last check: 2007-10-21)
Best Evidence Rule -- Attorneys and Legal Advice
Get Legal Advice on Best Evidence Rule and Find Attorneys
By viewing this site, the user agrees to indemnify cougarlegal.com against any and all claims arising from use of this site.
www.cougarlegal.com /practice_areas/Best_Evidence_Rule.html   (48 words)

  
 Chapter 11 - TOC   (Site not responding. Last check: 2007-10-21)
John H. Langbein, Historical Foundations of the Law of Evidence: A View from the Ryder Sources
Jennifer L. Mnookin, The Image of Truth: Photographic Evidence and the Power of Analogy
Robert D. Brain and Daniel J. Broderick, The Derivative Use of Demonstrative Evidence: Charting Its Proper Evidentiary Status
www1.law.ucla.edu /~sklansky/evidence/table_of_contents/chapter_11.htm   (92 words)

  
 W3Dictionary.com - Online Dictionary - Definition of BEST EVIDENCE RULE
W3Dictionary.com - Online Dictionary - Definition of BEST EVIDENCE RULE
Dictionary meaning and definition of BEST EVIDENCE RULE
[n] a rule of evidence requiring that to prove the content of a writing or recording or photograph the original is required
www.w3dictionary.com /best+evidence+rule   (40 words)

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