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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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About Donald Trump, Is There any Solid Proof he had an Affair with Stormy Daniels? [on hold]

As far as I know a case without evidence will not go very far. I have tried looking for proof on google but all I found were websites claiming "there is proof" but that is about as far as they go. Is ...
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46 views

Will I be sued when I video record someone without their consent? [on hold]

I live in the Philippines and would like to know if it's illegal to video record someone without their consent? I searched about this but all I got was that you can't record someone as an act of ...
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1answer
41 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
12 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
101 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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1answer
74 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
77 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 ...
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5answers
249 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. Suppose that a criminal trial occurs, and the defendant is not already in custody when the ...
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2answers
184 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
71 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
57 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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136 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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22 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
55 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
71 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
188 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
198 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
53 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 ...
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1answer
78 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
307 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
87 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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3answers
7k 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
116 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
199 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
105 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 ...
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1answer
122 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 ...
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2answers
113 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 ...
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1answer
381 views

how to prove perjury?

How is perjury proved in a rental arbitration hearing? The testimony is sworn. Of course, people make mistakes, mis-speak etc. But if verbal sworn evidence is self-contradicting does rise to the ...
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1answer
108 views

What is the history of rules requiring prosecutors to disclose evidence?

I was surprised to discover that Brady v. Maryland was decided as recently as 1963. Not knowing enough about the context in which it was decided, I am having trouble understanding exactly what ...
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3answers
336 views

loaded questions in pseudo-legal scenario

How is a loaded question dealt with in a legal, or legalistic, context? Is there particular language which is typically employed, or is there a strategy which is particularly effective? The specific ...
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1answer
913 views

Meaning of the term causal nexus?

I recently attended a talk related to government workplace harassment law. The presenter repeatedly used the term nexus (i.e., a causual nexus) to describe any situation where actions outside of the ...
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1answer
1k views

Difference between Motions to Strike, Suppress, and in limine?

In U.S. practice what are the differences between the following: Motion in limine Motion to Strike Motion to Suppress I gather that the first is only applicable before evidence is presented, and the ...
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1answer
390 views

Is evidence from a vigilante 'sting' operation accepted in UK courts?

This is a hypothetical question based on a trend seen on Facebook. Sometimes vigilantes will set up a 'sting' operation. For example, they may pose online masquerading as a child to catch pedophiles. ...
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1answer
199 views

Can non-consentually recorded conversations be used as evidence?

A collection company calls a client. When the client is connected to the collection company agent. The agent informs the client that the call will be recorded. If the client states, "I do not consent ...
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1answer
202 views

What's the point of prohibiting leading questions when unfavorable answers can result in witness being declared hostile?

From what I understand, during direct examination: It is assumed that the witness you called is favorable to your case, so you cannot ask them leading questions (in order to avoid coaxing them into ...
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1answer
65 views

Historical Patterns as Evidence

Imagine a person who suspects a government agency or corporation is lying, embezzling money, etc. Obviously, you would want to find direct evidence linking this individual to the alleged crime. ...
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1answer
87 views

Why would a Canadian Crown Prosecutor continue with a proceeding with no evidence?

If a proceeding has only conflicting witness testimony for the Crown, but forensic evidence that proves the defense s case, why would the Crown proceed?
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1answer
158 views

Must the State compensate individuals from whom property is seized as evidence?

Pursuant to the Fourth Amendment, law enforcement officers routinely obtain warrants under a "probable cause" standard to seize items that may contain evidence of a crime. This is a taking of private ...
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1answer
216 views

Warrants and statements under oath

If an arrest warrant is issued does that mean a statement was made under oath? If so if a part of the statement for the arrest warrant is proven false what are the implications? In the case of a ...
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2answers
269 views

admissible or not

The prosecutor has the conversation from an anonymous app, only from the device of the accuser. Has nothing from the accused and the conversation doesn't identify the accused. The only thing ...
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2answers
226 views

How can I prove that content existed on the Internet?

I want to make a record that establishes that certain content existed on Internet at some point of time. It seems that http://archive.is/ is a way to archive the page. But, are there any other ...
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1answer
361 views

Can DNA on drugs be used as evidence even if the drugs weren't in anyone's possession at the time it was found? (Canada)

Can DNA found on drugs be used as evidence in court or is that unconstitutional? DNA can be transferred from different sources so it doesn't necessarily mean the DNA holder has come in direct contact ...
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2answers
174 views

Do the laws of mathematics apply in Australia? [closed]

According to Malcolm Turnbull, Prime Minister of Australia "The laws of mathematics are very commendable, but the only law that applies in Australia is the law of Australia". My question is, is this ...
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0answers
1k views

Screenshot of Text messages in court [closed]

I am the subject of a legal case where the opposing party alleges that I had sent some damaging texts to them on an unconventional texting app (e.g., Whatsapp). Some of the identifying characteristics ...
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1answer
57 views

Authenticate an email

I have received an email from Mr. A. In court Mr. A denies sending this email saying that I am making up with everything. How can I prove that this email was sent from Mr. A?
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2answers
6k views

What's the point of a subpoena if you can just invoke the fifth amendment?

I always thought a subpoena was an order to produce evidence or testimony, but I recently realized that you can just invoke the fifth amendment if you're served a subpoena. Given the complicated ...
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1answer
25 views

How do U.S. lawyers meet file retention standards?

U.S. lawyers have to keep clients files for (six?) years. What are accepted standards of file/document retention? Suppose they keep all their files in locked cabinets in an office building and there'...
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2answers
626 views

Admissibility of screenshots of personal accounts on company computers

There is a case in which employees of a company, all in Texas, engaged in skype conversations on their company laptops through personal skype accounts. The employees discussed starting a competing ...
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1answer
242 views

What if a juror admits to having disregarded a judge's faulty instructions?

There are a number of situations where this could arise, but I'll use the one that I'm most familiar with: the Frank Quattrone (mis)trial. Frank Quattrone was an investment banker who was charged and ...