Questions tagged [evidence]

For questions concerning evidence - including the handling of evidence, rejection or admittance of evidence in a court of law, and serving evidence in civil matters.

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3answers
216 views

What's the point of those “spousal privileges” if, as I understand it, no-one can be forced to give a meaningful testimony anyway?

I don't understand this concept called "spousal privilege". Regardless of whether a defendant is a wife or husband in relation to a potential witness, the latter can always refuse to say ...
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1answer
49 views

When Is The Evidence In A Mississippi Custody Case Insufficient To Be Sustained On Appeal?

If a judge hands down a decision to give a defendant custody based on a child being possibly autistic via therapist speculation without the child being officially tested for autism is this good ...
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2answers
87 views

Which profession has standing to determine building structural integrity?

Assume that a claim regarding a building and the soil (erosion) are at issue in Florida. The claim indicates a building contractor dispositions the issue verbally and is documented by an (hearsay) a ...
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1answer
141 views

Supreme Court Cases That Have Been Decided on Statistical Evidence---Are There Any?

Have there been any Supreme Court cases that have been decided based on statistical evidence? If so, which ones; and what was the evidence presented? In 1897, Oliver Wendell Holmes (before he became a ...
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2answers
57 views

At what point is perjury committed in an affidavits containing a lie?

If an affidavit contains a lie, at what point in time is perjury committed: When the lie is committed to paper, before signing it? At the moment the affidavit is signed? When the affidavit is handed ...
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2answers
1k views

Is an offer of a discount an acknowledgement of guilt of negligence and misconduct?

I have the following excerpt: I have looked at the bills related to the service calls and can offer discount. This party is being sued for negligence and misconduct in providing services. However, ...
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2answers
47 views

What determines how thoroughly affidavits must be vetted by lawyers?

In Trump's lawsuit in Arizona: A Trump campaign attorney conceded in court on Thursday morning that he tried to enter hundreds of dodgy form-filed affidavits into evidence, even though their own ...
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1answer
114 views

“Affidavits” which aren't signed under penalty of perjury?

In Trump's lawsuit in Arizona: A Trump campaign attorney conceded in court on Thursday morning that he tried to enter hundreds of dodgy form-filed affidavits into evidence, even though their own ...
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3answers
76 views

Does video evidence need to be attested to by a human?

If video filmed by (say) a smartphone is used as evidence, does the person who filmed it have to submit an affidavit saying "I filmed that at location X at time Y"? Or can the video be used ...
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1answer
68 views

What happens to forensic evidence about innocent people?

I was watching a Dateline story in which forensic genealogy suggested 160 suspects in a murder case in the US. DNA samples were taken from these people. Ultimately one was proven, in part thanks to ...
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0answers
54 views

Does a financial company have to disclose information about my account when requested?

I have submitted a complaint to a finance company (vehicle) who completed an investigation where I am unhappy with the outcome. I requested all evidence they have regarding my claim including ...
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1answer
81 views

Governing entity over or recourse against corrupt Division of Social Services in North Carolina?

In the hypothetical situation laid out below, what governing entity over DSS could one turn to? In general, what action can be taken against a government entity such as DSS to force adherence to court ...
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1answer
79 views

Laboratory Test Reports: Disclaimer in test reports prohibiting use as evidence in legal proceedings

I work in the chemical industry and very often industries send chemical samples to third party test laboratories for analysis and producing test reports. In some cases I find labs add a disclaimer of ...
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1answer
48 views

Cloud storage: requesting copy of data vs physical seizure of storage devices

If a third party has a personal computer which contains evidence of a crime then that computer can be seized by law enforcement as evidence, rather than the data being copied from the computer and the ...
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1answer
79 views

Labelling of exhibits in US criminal court. Why the repetition of letters?

I have been watching a series of videos of a criminal trial in the USA. I have noticed that exhibits for the defence are labelled with four consecutive letters but often (if not always) these letters ...
6
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1answer
145 views

Secretly recorded audio to meeting with landlord and now starting a dispute against him. Can I submit it as evidence?

My ex-landlord preferred to communicate by in person meetings. I began covertly recording our meetings with the microphone on my phone. Only the audio was recorded, not the video. My ex-landlord was ...
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1answer
99 views

What crime is committed by submitting fake pictures to the court as discovery evidence? [closed]

What crime has an alleged victim committed by submitting fake edited pictures as discovery evidence of injuries?
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1answer
68 views

Faked Discovery Evidence

If a victim submits fake photographs as evidence and said photographs are proven to be edited pictures, would that qualify for dismissing a case?
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2answers
125 views

Can forwarding address be provided by e-mail for landlord to return security deposit?

If a landlord does not return a tenant's damage deposit in 15 days from the later of the move out date or receiving a forwarding address, tenant may go after him for double. If the forwarding address ...
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1answer
41 views

To what extent is a “reasonable inference” acceptable as “proof” in a court of law?

In his autobiography, T. Boone Pickens relates the story of how he managed to do a deal with a man on his sickbed. He took the contract to the man's house, was shown to the man's room, and handed the ...
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3answers
155 views

Can a phone conversation be summoned from telecom operator as evidence in court of law

Our landlord/landlady have twice made statements that suggest they breached our privacy. We have not recorded our conversations since we understand it would be illegal to do so. However, we wish to ...
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1answer
45 views

How do plaintiffs get emails relating to companies they are suing?

For example in the case of IBM getting sued over age discrimination, the plaintiff somehow got emails showing that upper management instructed his director manager not to transfer him but to fire him. ...
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0answers
31 views

Defense against EEOC Case

As a security contractor, I tracked, via recorded video, an employee of Hispanic heritage in two cases of possible "drug trafficking" or corporate IP theft from the company by which I was contracted. ...
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1answer
27 views

What is the difference between competent, material, and substantial evidence?

In Michigan, and perhaps in other states too, an appellate court will uphold the facts found by an administrative agency if the facts are supported by competent, material, and substantial evidence. ...
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2answers
48 views

What's the best way to summarize a lengthy exhibit when I have little understanding of its content or context?

I've been assigned around 200 documents for a new matter to review. This involves creating entries for each document of interest in software called LexisNexis CaseMap, which includes a "description" ...
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2answers
77 views

Is it legal to upload a photo from a public place without the subject's permission?

For example, a buddy of mine recorded or captured a photo/video of someone let us say fighting or just talking in a public place such as the public road. It is legal to post it in social media even ...
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1answer
43 views

What are some cases / journals / books about withholding favourable evidence from the defence

I have access to westlaw and lexislibrary but cannot find any relevant cases to the police or prosecution not sharing expert evidence from the defence at all. Any help would be greatly appreciated, ...
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2answers
268 views

Are there states that don't require having a family name?

I know this session might seem absurd. I don't like the family name appearing in my passport and will likely change it in a bureaucratic procedure in an interior ministry affiliated consulate (...
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1answer
93 views

Drinking alcohol before DUI inspection

As a hypothetical question: A driver crashes his or her car and anticipates that the police will eventually come and conduct a field sobriety test. The driver then, after the crash has occurred and ...
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6answers
390 views

Are editable word documents ('.docx' files) accepted in court as evidence?

I keep most of my business documents in Microsoft Words (.docx) file format. Problem is these documents can be edited and tampered with. For my signatures, I just copy and paste a signature image onto ...
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3answers
436 views

Acknowledgement of guilt

Theoretical question: What happens if you come to police and report your own crime that happened some time ago, but the police can't find any evidence it happened. Let's say you come and say you ...
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2answers
82 views

Was any (public) Internet archive's snapshot ever accepted as an evidence in a legal procedure, except patents?

This question is bugging my mind already for a while, and all of my attempts to find such a case failed horribly so far. I am simply unable to dig up any traces of a court decision - whether in US, ...
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0answers
61 views

Can phone conversations be used in court as defense?

I live in California where all parties involved in the phone conversation have to give consent before phone conversation can be recorded. My question is - how the information discussed over the phone ...
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1answer
81 views

What can a victim company do when it's hard to differentiate between a Physical Pentest from a Criminal Physical Penetration

Red Team: Adversary Simulation. A team of penetration testers (a red team) is hired to legally break into a facility to test its security. Since the job of Red Teaming and Penetration Testing, ...
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1answer
86 views

Could evidence obtained through time travel be admitted under the Fourth Amendment?

This is of course a wild hypothetical question and there is probably no good answer. Suppose a police force obtained a time machine and wanted to use this to obtain evidence to investigate crimes and ...
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1answer
141 views

Can a U.S. phone call recorded in a 1-party state be used as evidence in a case tried in a state that is 2-party?

Hypothetically, let's say someone is involved in a case that was originally filed in a NJ court. The case was then transferred to FLA (after a motion to do so was accepted). If they have recorded ...
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1answer
110 views

Can improperly gathered evidence be used to exonerate someone?

There are many rules governing whether or not a particular piece of evidence can be introduced at trial. Often, these rules are applied to prevent the prosecution from introducing evidence. Do the ...
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1answer
320 views

Can police charge someone with a misdemeanor in the total absence of evidence?

In California, given that the police have probable cause to arrest someone, can they charge that person with a misdemeanor in the total absence of evidence that any crime has been committed? To be ...
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1answer
65 views

Whether to disclose substantive evidence vs. using it for impeachment at trial?

What are the factors in weighting whether to disclose substantive evidence vs. using it for impeachment at trial? On one hand, the jury gets to see substantive evidence but the other side is alerted ...
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1answer
77 views

Can video of a person's permission to take video make the video legal?

Let's say I'm in someone's home, recording people with a video camera. Later, one of the people I recorded claims that I didn't get their permission, and that therefore, it was illegal to record them, ...
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0answers
49 views

What consequence if an attorney loses critical evidence of their client?

Client gives notice to attorney of potential issue. Later, some tangible item such as a document causes emotional distress / mental breakdown of the Client that escalates the issue to a potential tort....
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1answer
274 views

Is it legal to hire a Private Investigator in Korea? If not, what's the closest alternative?

I'm writing a story and I'm asking for factual accuracy in the storyline. (Not asking for suggestions in hiring an actual PI.) I know for a fact that it's now illegal in Korea to hire a Private ...
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2answers
901 views

What happens when there's not enough evidence in a trial?

I'm writing a story and need to know some things for factual accuracy. There's a man in the story who is accused of a DUI hit-and-run. He's discovered (sleeping) in the vehicle after the hit and run. ...
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2answers
5k views

Are unaudited server logs admissible in a court of law?

Are internal server logs produced by a firm that has no standards compliance certification and does not conduct any third party audits admissible as evidence? If not, what certification is generally ...
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1answer
238 views

Admissibility of evidence seized from wrong property on lawful warrant (USA)

Suppose the Police obtain a warrant to search Alice's house for smuggled diamonds (something really tiny). When they arrive, they knock on Bob's door instead of Alice's. It's a common mistake to make, ...
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1answer
97 views

Did Kamala Harris obstruct justice, if Tulsi Gabbard's claim is to be taken at face value?

Background In the second night of the second 2020 Democratic Primary debate, Rep. Tulsi Gabbard claimed the following: She blocked evidence -- she blocked evidence that would have freed an ...
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2answers
1k views

Can text message be used against me in court

My daughter's father has petitioned the court for custody modification and is using text messages he downloaded against me. The text messages in question were not sent to him but, rather, were ...
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1answer
75 views

When is something inadmissible as evidence because it's considered a negotiation?

To my understanding anything can be used as evidence unless a specific law prohibits it. When is negotiating inadmissible as evidence? My (ex)landlord demanded I move out immediately. I told him I ...
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2answers
104 views

Is it bad to have communication with opposing party outside of court?

I started a claim against someone. The level of court does not require lawyers. The defendant rejected all my claims through the court, but contacted me by email saying he wishes to meet in person to ...
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2answers
329 views

How can a person with a similar experience with the defendant, help the plaintiff in a lawsuit?

I lived in a house that was shared with the landlord and other tenants in common. I have now moved out and have a lawsuit started against the landlord. From "rumors" I heard that a previous tenant who ...