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Topic: Rules of evidence


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In the News (Tue 12 Dec 17)

  
  MAINE RULES OF EVIDENCE
When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court upon request shall restrict the evidence to a proper scope and instruct the jury accordingly.
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 submitted to the court shall be sealed and preserved to be made available to the appellate court in the event of an appeal, and a docket entry shall be made specifying the form of such evidence but not its content or the identity of any declarant.
www.courts.state.me.us /rules_forms_fees/rules/MREvidOnly7-05.htm   (3425 words)

  
 Commentary to the Alaska Rules of Evidence
Rule 201 restricts only the power of the court to declare on the record, without resort to formal proof, that a particular fact exists, i.e., that something is actually true, where the fact involved is one that would otherwise be decided by the trier of fact upon submission of proof by the parties.
Rule 201 is based on the belief that wherever a lawmaking authority conditions the applicability of a law on the proof of facts, these considerations call for dispensing with traditional methods of proof only in clear cases regardless of what label is attached to the facts.
Rule 201 limits judicial notice to facts not subject to reasonable dispute in that they are either generally known in the territorial jurisdiction of the trial court or are capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be doubted.
www.state.ak.us /courts/evcomm.htm   (18768 words)

  
 Rules of evidence -- Facts, Info, and Encyclopedia article   (Site not responding. Last check: 2007-10-26)
Rules of evidence govern if, when, how, and for what purpose proof of a case is placed before a trier of fact for consideration.
The rules of evidence have been developed over the last thousand years and are based upon the rules from (Click link for more info and facts about English Common Law) English Common Law brought to the new world by early settlers.
The rules vary depending upon whether you are in criminal court, civil court or family court, and they vary by jurisdiction.
www.absoluteastronomy.com /encyclopedia/r/ru/rules_of_evidence.htm   (244 words)

  
 TITLE 4
When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.
(1) 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 submitted to the judge shall be sealed and preserved to be made available to the appellate court in the event of an appeal, and the contents shall not otherwise be revealed without consent of the unit of government.
landru.leg.state.or.us /ors/040.html   (7817 words)

  
 INDIANA RULES OF EVIDENCE
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.
Evidence that a writing authorized by law to be recorded or filed and in fact recorded or filed in a public office, or a purported public record, report, statement, or data compilation, in any form, is from the public office where items of this nature are kept.
www.in.gov /judiciary/rules/evidence   (6653 words)

  
 Ohio Rules of Evidence
When evidence of a witness's conviction of a crime is admissible under this rule, the fact of the conviction may be proved only by the testimony of the witness on direct or cross-examination, or by public record shown to the witness during his or her examination.
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' credibility is impaired or enhanced.
In particular, the amended rule permits the victim of an offense to be present at a criminal proceeding regarding the offense to the extent that the victim's presence is authorized by statute enacted by the General Assembly.
www.sconet.state.oh.us /Rules/evidence   (16639 words)

  
 [No title]
Evidence of a trait of a person's character with respect to care or skill is inadmissible as tending to prove the quality of his or her conduct on a specified occasion.
Evidence of habit or custom is relevant to an issue of behavior on a specified occasion, but is admissible on that issue only as tending to prove that the behavior on such occasion conformed to the habit or custom.
Evidence that a person was, at the time a harm was suffered by another, insured wholly or partially against loss arising from liability for that harm is inadmissible as tending to prove negligence or other wrongdoing.
www.washlaw.edu /uslaw/states/Kansas/ksevidencerules.doc   (1120 words)

  
 [No title]
Evidence of (1) furnishing, offering, or promising to furnish, or (2) accepting, 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, invalidity of, or amount of the claim or any other claim.
Evidence submitted to the court shall be sealed and preserved to be made available to the appellate court in the event of an appeal, and the contents shall not otherwise be revealed without consent of the informed public entity.
Evidence of a conviction under this rule is not admissible if a period of more than ten years has elapsed since the date of the conviction or of the release of the witness from the confinement imposed for that conviction, whichever is the later date.
www.law.upenn.edu /bll/ulc/fnact99/ure88.htm   (11258 words)

  
 Pennsylvania Code   (Site not responding. Last check: 2007-10-26)
The Comments were designed to identify the sources for the rules, to compare the Pennsylvania Rules of Evidence to the Federal Rules of Evidence, and to explain the differences.
The Comments are not intended to interpret the rules or to be an analysis of current case law, nor are they intended to be an annotation to the rules or a treatise on the intricacies of evidence law.
Although the Pennsylvania rules closely follow the format of the Federal Rules, the guiding principle was generally to preserve the substance of Pennsylvania’s common law of evidence.
www.pacode.com /secure/data/225/225toc.html   (239 words)

  
 West Virginia Rules of Evidence
Rules of evidence set forth in any West Virginia statute not in conflict with any of these rules or any other rules adopted by the Supreme Court of Appeals shall be deemed to be in effect until superseded by rule or decision of the Supreme Court of Appeals.
When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court, upon request, shall restrict the evidence to its proper scope and instruct the jury accordingly.
Evidence of a statement or conduct by the declarant at any time, inconsistent with his or her hearsay statement, is not subject to any requirement that the declarant may have been afforded an opportunity to deny or explain.
www.state.wv.us /wvsca/rules/RulesEvidence.htm   (6324 words)

  
 Summary of the Rules of Evidence
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.
For example, while evidence of prior bad acts is generally not admissible to show that a person acted similarly in the present case, it may be admissible to show motive, plan, intent, lack of mistake or, in federal court, to impeach a witness's credibility.
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.
library.findlaw.com /2001/Jan/1/241488.html   (9816 words)

  
 [No title]
The permissive effect given to a presumption in criminal cases under Rule 303 is constitutionally in accord with this lesser effect to be given presumptions in criminal cases without incorporating the complexities associated with the allocation of the burden of producing evidence or of persuasion where a presumption is found to be mandatory.
Evidence of furnishing, offering, promising to furnish, or accepting, offering, or promising to accept, a valuable consideration in compromising or attempting to compromise a claim that was disputed as to either validity or amount is not admissible to prove liability for, invalidity of, or amount of the claim, or any other claim.
In this rule, “sexual behavior” means behavior relating to the sexual activities of an individual, including the individual’s experience or observation of sexual intercourse or sexual contact, use of contraceptives, history of marriage or divorce, sexual predisposition, expressions of sexual ideas or emotions, and activities of the mind such as fantasies or dreams.
www.law.upenn.edu /bll/ulc/ure/evid1200.htm   (6762 words)

  
 Evidence - Wex   (Site not responding. Last check: 2007-10-26)
Rules of evidence are, as the name indicates, the rules by which a court determines what evidence is admissible at trial.
State rules of evidence are generally imposed by the state legislature upon the state courts.
Rules of evidence also allocate among the parties the burden of producing evidence and the burden of persuading the court.
www.law.cornell.edu /wex/index.php/Evidence   (251 words)

  
 Computer Records and the Federal Rules of Evidence-Orin S. Kerr
After the government permitted Frost to help retrieve the evidence from his computer and declined to establish a formal chain of custody for the computer at trial, Whitaker argued that the files implicating him through his alias were not properly authenticated.
The underlying rationale of the hearsay rule is that such statements are made without an oath and their truth cannot be tested by cross-examination.
The best evidence rule states that to prove the content of a writing, recording, or photograph, the "original" writing, recording, or photograph is ordinarily required.
www.cybercrime.gov /usamarch2001_4.htm   (3940 words)

  
 Alaska Rules of Evidence
Evidence of other specific instances of the conduct of a witness offered for the purpose of attacking or supporting that witness' credibility is inadmissible unless such evidence is explicitly made admissible by these rules, by other rules promulgated by the Alaska Supreme Court or by enactment of the Alaska Legislature.
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 credibility of the witness is impaired or enhanced.
Evidence of a statement or conduct by the declarant at any time, inconsistent with the declarant's hearsay statement, is not subject to any requirement that the declarant may have been afforded an opportunity to deny or explain.
www.state.ak.us /courts/ev.htm   (11750 words)

  
 Better Business Bureau Dispute Resolution
Evidence will not be accepted after the hearing if it was possible to present that evidence at the hearing, or if the arbitrator has already rendered a decision.
If the arbitrator directs that written evidence be submitted after the initial hearing, the evidence shall be sent to the BBB within the time frame specified by the arbitrator.
Any failure to follow these Rules that may significantly affect the independence, impartiality or fairness of the arbitration process should be raised with the BBB at the earliest opportunity.
www.dr.bbb.org /ComSenseAlt/bindArb.asp   (4743 words)

  
 ICANN | Rules for Uniform Domain Name Dispute Resolution Policy
Supplemental Rules shall not be inconsistent with the Policy or these Rules and shall cover such topics as fees, word and page limits and guidelines, the means for communicating with the Provider and the Panel, and the form of cover sheets.
(g) Except as otherwise provided in these Rules, all time periods calculated under these Rules to begin when a communication is made shall begin to run on the earliest date that the communication is deemed to have been made in accordance with Paragraph 2(f).
The version of these Rules in effect at the time of the submission of the complaint to the Provider shall apply to the administrative proceeding commenced thereby.
www.icann.org /dndr/udrp/uniform-rules.htm   (3660 words)

  
 Federal Rules of Evidence
These rules govern proceedings in the courts of the United States and before United States bankruptcy judges and United States magistrate judges, to the extent and with the exceptions stated in rule 1101.
However, evidence of a conviction more than 10 years old as calculated herein, is not admissible unless the proponent gives to the adverse party sufficient advance written notice of intent to use such evidence to provide the adverse party with a fair opportunity to contest the use of such evidence.
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.
www.lexisnexis.com /lawschool/learning/reference/booklets/web/fre.htm   (8477 words)

  
 Rules of evidence
The following rules of evidence shall be followed with respect to the admission of evidence in all hearings held under the Freedom of Information Act and chapter 54 of the general statutes:
Any oral, documentary or other evidence may be received; but the presiding officer shall, as a matter of policy, exclude irrelevant, immaterial or unduly repetitious evidence.
Documentary evidence may be received at the discretion of the commission or presiding officer in the form of copies or excerpts, if the original is not found readily available.
www.state.ct.us /foi/Regs/1-21j-37.htm   (1398 words)

  
 ipedia.com: Rules of evidence Article   (Site not responding. Last check: 2007-10-26)
In the judicial system of the United States, the trier of fact may be a judge or a jury depending on the purpose of the trial, and the choices of the parties.
The rules of evidence have been developed over the last thousand years and are based upon the rules from English Common Law brought to the new world by early settlers.
Some important rules involve Relevancy, Privilege, Witnesses, Opinions, Expert Testimony, Hearsay, Authentication, Identification and rules of Physical Evidence.
www.ipedia.com /rules_of_evidence.html   (329 words)

  
 LII: Uniform Rules of Evidence Locator   (Site not responding. Last check: 2007-10-26)
This locator links to state evidence codes that correspond to the Uniform Rules of Evidence.
The earlier 1974 version, with amendments, is still the basis of the rules in a number of states.
Since the Federal Rules of Evidence ("FRE") are quite similar to the Uniform Rules of Evidence it also links to them.
www.law.cornell.edu /uniform/evidence.html   (157 words)

  
 LII: Federal Rules of Evidence
These rules govern the introduction of evidence in proceedings, both civil and criminal, in Federal courts.
Evidence of Similar Crimes in Child Molestation Cases
Evidence of Similar Acts in Civil Cases Concerning Sexual Assault or Child Molestation
www.law.cornell.edu /rules/fre   (153 words)

  
 [No title]
EVID-L. This is an e-mail discussion group on Evidence, primarily on the Federal Rules.
As might be expected, I intend to use the JURIST Evidence Guide to take note of interesting developments in the law of evidence.
He revised volumes 1 and1A of Wigmore on Evidence (1983) and is the author of Probability and Inference in the Law of Evidence (1988; with E. Green).
jurist.law.pitt.edu /sg_evid.htm   (1419 words)

  
 Arizona State Court Rules   (Site not responding. Last check: 2007-10-26)
Rules of the Supreme Court of Arizona (including Rules of Professional Responsibility and Code of Judicial Conduct)
This site from West provides free access to an unannotated version of the Arizona state and local court rules as published in West's Arizona Revised Statutes Annotated.
The contents of these rules are current through amendments received as of August 17, 2005.
azrules.westgroup.com /home/azrules/default.wl   (94 words)

  
 Texas Rules of Evidence - Table of Contents   (Site not responding. Last check: 2007-10-26)
Determination of Texas City and County Ordinances, the Contents of the Texas Register, and the Rules of Agencies Published in the Administrative Code
Evidence of Previous Sexual Conduct in Criminal Cases
Evidence of Character and Conduct of a Witness
www.courts.state.tx.us /publicinfo/TRE/Toc.htm   (109 words)

  
 State Rules of Evidence
Home > Article Library > State Rules of Evidence
Click Colorado Court Rules; then Colorado Rules of Evidence (Ch.
Click Vermont Court Rules, then Rules of Evidence
expertpages.com /news/state_rules_of_evidence.htm   (273 words)

  
 Welcome to the Legal Information Institute
Supreme Court oral argument previews from liibulletin for Schaffer v.
Integra Lifesciences, that uses of patented inventions in preclinical research, in which the results are never submitted to the FDA, are exempted from infringement under 35 U.S.C. §271(e)(1).
In its ruling, the Court found that the statutory infringement exemption of the 1984 Drug Price Competition and Patent Term Restoration Act (DPCPTRA) provides a "wide berth for the use of patented drugs" in any process or activity associated with the federal regulatory scheme, embracing a "global" gamut of experimental activity.
www.law.cornell.edu   (704 words)

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