best evidence rule


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Words related to best evidence rule

a rule of evidence requiring that to prove the content of a writing or recording or photograph the original is required

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References in periodicals archive ?
In this we can understand his considerations as stemming from a form of the best evidence rule.
In short, the effect of the Right to Truth-in-Evidence provision was to repeal the Best Evidence Rule in criminal cases.
might explain why the Best Evidence Rule issue did not appear in most
Again, the proffering party must still satisfy the business records foundation in order to overcome the best evidence rule.
On appeal, however, the importation conviction was reversed because the officers' testimonies violated the best evidence rule.
A similar conclusion prevails with respect to the so-called best evidence rule, more properly called the original documents rule.
As far as we're concerned, if there's anybody who can give the best evidence--you know, you hear about the best evidence rule and direct evidence--he certainly can on these issues," he said.
Thus far, the Best Evidence Rule has not been a bar to the admissibility of e-mail into evidence.
Applicants may be asked to define legal concepts such as burden of proof, hearsay, the best evidence rule, judicial notice or the scope of cross-examination.
This expansionary best evidence rule induces the proponent of the testimony to elicit, up front, information that is peculiarly available to the witness and especially helpful to the tribunal if contemporaneously presented, namely, the source or sources of the witness's asserted knowledge.
It was found that they had violated the best evidence rule by submitting only photocopies of documents as evidence when rules of court require original copies.
Although the common law position, enunciated over 250 years ago, was that the best evidence rule (84) (which includes producing original documents containing signatures) should be followed to determine the existence of a signature, this law no longer prevails in Australian federal and several state jurisdictions.
Under the Best Evidence Rule, to prove the content of a picture, courts generally require the original--defined as the negative or any print therefrom.
1937), the court discussed the best evidence rule in effect for the case being considered: "The best obtainable evidence should be adduced to prove every disputed fact, and a failure to produce it, but an attempt instead to sustain the issue by inferior evidence, will authorize the inference that the party does not furnish the best evidence because it would tend to defeat, instead of sustaining, the issue on his part.
The best evidence rule says an original should be submitted as evidence unless a satisfactory reason is presented for its unavailability.