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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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1answer
93 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
52 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
59 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
28 views

Can you record someone but not play it or use it as evidence against them, just using it for information?

Then using the recording, you can make your interpretations of it and show what you think of it to someone? It's indirectly showing someone the recording but in your own words? Country is Philippines
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0answers
48 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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0answers
34 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
127 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. ...
16
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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 ...
2
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1answer
121 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, ...
2
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1answer
91 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
226 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
69 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
84 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
318 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 ...
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2answers
51 views

Giving live streamed video as date stamped evidence of an event in court (UK)

I am planning on serving a notice to quit directly to my landlord soon, and the plan is to live stream putting the letter in the envelope and posting it at their address, so it's very clear that the ...
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2answers
131 views

Do you get to keep unneeded evidence?

Let's say someone found $2,000, but as a trail it lead to a dead person. The police obviously need it. But after they're done with the case, do the founders get to keep it?
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1answer
47 views

What information will be made public by CRT and for how long?

I would like to bring a case to the Civil Resolution Tribunal. I would like to know more about it's privacy. From there Information Access & Privacy Policy it appears the public can access just ...
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1answer
61 views

What's the best way to include e-mails as evidence from a technical perspective?

It probably would be easiest to copy and paste quotes from emails into my evidence submission. But of course text could easily be changed in this format. I could take a screen shot of the email as I ...
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1answer
78 views

When going to court should a plaintiff preemptively refute the other sides defense?

In small claims court, if the plaintiff knows what the defendant will likely say, should the plaintiff address these in the initial application? This makes sense to me because usually someone going to ...
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2answers
73 views

How does providing written messages as evidence work?

For agreements made by e-mail, text message or even written on paper, how can they be used as evidence in small claims court? For example if a plaintiff claimed a defendant owes him $100 for work ...
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3answers
111 views

Does one-way written communication bear legal standing?

This question is based on this question over on Workplace SE. I am neither the OP of that question nor in any way related to the OP, I'm asking this question out of personal curiosity. In brief, the ...
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2answers
91 views

Can a prosecutor add evidence to increase punishment after a guilty plea is entered?

My next question is, after a defendant is indicted can the prosecutor keep adding to the case just so that they can increase the defendant guidelines? And after the defendant pleas guilty, can they ...
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1answer
174 views

Can a witness avoid testifying based on lack of memory?

If a witness has been deposed and effectively denied having any recollection of events relevant to a case, can that testimony be used to keep her from taking the stand? I'm imagining something like a ...
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1answer
67 views

What does 'the presumption [of undue influence] is not legal' mean, if being legal reverses the burden of proof or make the presumption irrebuttable?

Mindy Chen-Wishart. Contract Law (2018 6 edn). p 349. See the green underline. I feel as if 'legal' isn't the most apposite diction here. Am I correct that the author doesn't intend to say '...
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1answer
53 views

Will I sued for recording someone without their consent?

I want to know if I can be sued in the Philippines for recording someone without letting them know? I was being ganged up by my own family and decided to hide under my blanket when I decided to record ...
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0answers
18 views

Does plaintiff need to file affidavit of his own statement of fact?

A pro-se plaintiff in a civil proceeding files a Statement of Claim in which he explains his Causes of Action, refers to attached documents ("Annexures") and contends his points about what the ...
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1answer
131 views

SVU Question: inadmissible evidence

If you do not have a lawyer but confess to detectives, does that make the evidence inadmissible? He later confesses to Ken, who protects Darius by refusing to reveal his confession and later ...
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2answers
185 views

Is it legal to record TSA agents?

Flying through security checkpoints in the US, I have seen and experienced passengers getting chewed out for choosing opt-out pat-down screening, with agents being extremely annoyed about the extra ...
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2answers
122 views

Are witnesses evidence?

Are witnesses evidence? and if so, cant a person just bribe/pay a person to be a witness so he can win a case? In some countries especially Islamic countries they are counted as evidence as they ...
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4answers
17k views

A man killed my son and married one of the witnesses. Can the witness's statements still be used in court against him?

In Florida a career felon, who is a complete stranger to my son, killed my son. He is being prosecuted for this crime in a state court in Florida. There are two witnesses. One of them is the the ...
7
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5answers
371 views

Can a lawyer subject the court to a (temporarily) ruse for a legitimate purpose?

This question is about the legality of a possible defence tactic that might be used in a criminal trial. It is a variation on things you see in lawyer movies fairly commonly. Suppose that a criminal ...
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2answers
290 views

If police collected evidence based off of a call they suspected, but couldn't prove, was fruadulant would the evidence be upheld?

I'm asking this hypothetical situation mostly as I was considering writing a story with the premise and want the story to be legally accurate, but also because I'm frankly curious how the law would ...
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1answer
119 views

Can a search based on evidence obtained illegally be a legal search?

I was watching a TV programme last night and the main characters broke into a building to look for something however they didn't find anything. While receiving a dressing-down for their actions from a ...
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2answers
67 views

Status of ipse dixit statements

Is ipse dixit ("he said it himself") specifically allowed or prohibited in law? I.e. a trusted witness (e.g. an expert) says something is true, but provides no evidence to back it up. It's presumed to ...
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3answers
168 views

Is lawyer going to be prosecuted if it is proven that he/she certainly knew that his/her client is guilty but continued to deny it in court? [duplicate]

If, say, during the process a client, who is accused of committing a murder, admits that he did it to the lawyer and demonstrates some undeniable proofs, like video of him committing a murder in a ...
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0answers
30 views

Reclaiming property that is evidence in case

We were the victims of a burglary in August, and (fortunately) the criminal was caught red-handed with our property (running away from our house). Included in that property was a laptop, the main ...
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1answer
72 views

Can an email to a 3rd party be admitted as an evidence in the court? (Family Law UK)

I am the applicant. Yesterday in the position statement of the respondent there was the following statement: “There is now produced and shown to me marked JS1 a true copy of his email to my friend ...
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1answer
341 views

California Recording Law - Do recordings need to be used as stated?

In California, two-party consent recording law requires that consent be obtained by all parties before recording phone calls. I've pasted relevant parts of this law below. Further, subsection (d) of ...
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2answers
243 views

Standard of proof required to prevent dismissal of criminal charge before trial

In New Zealand, a judge may dismiss a criminal charge before trial if "the Judge is satisfied that, as a matter of law, a properly directed jury could not reasonably convict the defendant" (CPA s147(4)...
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3answers
384 views

Why can't a lawyer just blame a random witness for harming a plaintiff?

It seems generally uncontroversial that in examining a witness at trial, a lawyer may not ask questions implying that the witness has engaged in some wrongdoing unless the lawyer has some basis for ...
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0answers
57 views

Is making my co-tenants sign a contract to pay their share of the bills helpful in court?

I share a house with three other people, and as I was the first to move in, I had to sign up for some of the bills with my name. However, some of my co-tenants are rather slow and unwilling to pay ...
4
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1answer
86 views

When does an attorney have to “voluntarily” disclose information to the other side?

My understanding is that in criminal cases, the prosecution must disclose exculpatory evidence that they have come across, to the defense. Is there a similar rule in civil cases? Suppose someone who ...
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4answers
487 views

How does “innocent until proven guilty” apply to non-payment?

Say I make a big win at a casino and walk out with a suitcase full of cash*. I decide I want to buy a car with it, so I head down to a car dealership, and buy a car - which I pay for by handing over ...
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1answer
95 views

A police officer finds new evidence before a retrial, who should they give it to?

Scene: Someone committed a murder. Lots of false evidence led an innocent man to be found guilty at his last jury trial. But, a few minutes before starting the new trial, a police officer finds true ...
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2answers
8k views

No evidence is required for an indictment by a grand jury?

I just read the indictment of Christopher Collins, a congressman, for relaying insider information on a company with publicly traded stock, and for "lying" to a federal agent, ie for denying he ...
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1answer
124 views

Can a judge put me under oath for closing statements?

For a municipal traffic ticket trial in USA, can a judge put me under oath as I am about to give a closing statement? I declined to testify and accepted to give a closing statement instead. The judge ...
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2answers
275 views

What remedies are there if it was subsequently discovered that a witness lied at trial?

Suppose this is a tort case (my understanding is unlike a criminal case there is no double jeopardy in tort cases), where a plaintiff was suing a defendant for a lot of money in a tort. A witness ...
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1answer
141 views

Why was video evidence released after the trial ended in the Daniel Shaver murder case?

From the wikipedia article it states: On May 25, 2016, Myers ordered portions of the video released. The released video omits the shooting itself. The full unedited body camera footage of the ...
6
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1answer
143 views

Can I have my personal information redacted from evidence in a case that doesn't directly involve me?

There is a case in the United States that has made its way through a city's municipal court, the district court, and is now going to be in the state's supreme court (Pennsylvania). I live in a ...
2
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2answers
159 views

Why does double jeopardy apply even when the acquittal was due to insufficiency of evidence?

In the United States, the Double Jeopardy Clause of the U.S. constitution has been held to prohibit retrying a person for a crime they were previously acquitted of, even if the acquittal was merely ...