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
66 views

US equivalent of "no case to answer" before trial

At least in New Zealand and the United Kingdom, criminal defence can make a "no case to answer" application before trial (they can also make one at the close of the prosecution's case during ...
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3answers
394 views

Do undercover/plainclothed police (ever?) wear bodycams? Or be required to be on CCTV?

Is it another question or part of asking this, but are undercover/plainclothed police (ever?) required to be on CCTV? Some of these people are very talkative, verbal, expressive, often cursing/...
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2answers
75 views

Usability of AI-based Evidence

Hello Law Stack Exchange! I'm a computer forensics graduate student doing research in blockchain currency (e.g. Bitcoin) forensics. I'm wondering if there are any rulings or decisions regarding the ...
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2answers
101 views

How, and under what circumstances would the introduction of "sociological" evidence be allowed in a courtroom?

A female founder of a bankrupt healthcare company is being tried for fraud. Her defense team foreshadowed its intention to blame her actions on her former male partner, for things like "domestic ...
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1answer
177 views

Can a divorced man win a downward modification of alimony and/or child support if he were tricked into a marriage by a child that wasn't his?

A man and a woman are dating, and the woman gets pregnant. The woman pushes the man into a marriage before the birth of the child, claiming that the child was his. A year or two later, he finds out ...
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3answers
2k views

How do prosecutors prepare to cross-examine defendants?

Prosecutor Peter is preparing for a trial. Defendant Dexter may or may not take the witness stand. Peter has no idea what he would say if he does (no disclosure obligation on the defendant) but still ...
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2answers
86 views

Age of Evidence

Country: India I know that there is the statute of limitation for getting legal remedy in a case. But what if there is a recent case but the evidence for it belongs to a previous time? e.g., let us ...
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1answer
118 views

Can we presents Secret recordings as proof to the police?

I recorded a call from my former roommate Who claims that I caused him to lose his deposit and he wants me to give it back (he apparently did some damage to the room we used to live in, and somehow ...
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2answers
176 views

Can you be charged if police say you sold drugs to a person with no video of the sale [closed]

Can an individual be charged with selling an illegal substance if they are not in possession and/or have not received money for an illegal substance? Is video evidence required for such charges?
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3answers
5k views

How do civil courts handle denial of evidence as forged, tampered, or claims that 'I did not sign it' or 'That's not me'?

In a Civil Trial, how do courts handle scenarios when evidences presented are denied (by plaintiff/defendent) as forged, tampered, or claims that 'I did not sign it' or 'That is not me'?
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2answers
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How useful a lead detective will be as a murder witness in a trial inside of the courtroom?

In my opinion, not so much. I haven't got much experience with the US justice system, but everything the detective learns is hearsay, so (s)he can't tell the jury what witness so-and-so says. (S)he ...
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1answer
65 views

Can the court consider a child testimony as an evidence even when the interviewer used leading questions?

Can the court consider a child testimony as an evidence even when the interviewer used leading questions? I am wondering if there's any law that force the court to reject child testimony if the ...
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1answer
2k views

Notice of uncontroverted facts in criminal trials

Section 128 of the New Zealand Evidence Act 2006: (1) A Judge or jury may take notice of facts so known and accepted either generally or in the locality in which the proceeding is being held that ...
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1answer
90 views

Does a court have to accept evidence produced by another country if it becomes available during a trial?

Does a court have to accept evidence produced by another country if it becomes available during a trial? Let's say one trial in the U.S. starts after 1 year another country produces evidence that show ...
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3answers
103 views

Family sue police over existence of body camera footage

The media indicates: https://abcnews.go.com/US/lawyers-breonna-taylors-family-sue-police-existence-body/story?id=78753109&cid=clicksource_4380645_1_heads_hero_live_hero_hed The lawsuit, filed in ...
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6answers
6k views

Why is the defendant presumed guilty in traffic court?

This article says, "When it's your word against the police officer's [regarding a failure to stop at a stop sign], the person with the badge usually wins." It seems like the officer should ...
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1answer
35 views

Are exhibits presented in order of importance or the order they'relisted?

Are exhibits listed in the order they appear or in order of importance? I'm following the sample format on my county's "self-help center" for pro se litigants, and the example is for another ...
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1answer
33 views

Do all exhibits have to be e-filed if one e-files their suit or can exhibits be mentioned in the complaint but presented in person

I plan on e-filing my lawsuit, but it will be impractical to upload the number of exhibits, plus some of them take up multiple screenshots. So, is it okay to refer to "exhibit 1" and mention ...
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2answers
74 views

Where can one file complaint re bribing witness and false evidence in NYC (Manhattan)? District Attorney?

A civil court case in New York City (Manhattan) is still being decided and a attorney brought these issues to the judge. During the proceedings of the trial, one side allegedly bribed witnesses and ...
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4answers
498 views

Why isn't double jeopardy overruled by new conclusive evidence?

I came across a murder case where the person was acquitted and evidence came out after the trial that she was guilty but she wasn't retried because of double jeopardy. The justice system is supposed ...
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2answers
413 views

Are "evidentiary" standards similar or different in a civil versus criminal case?

In one important respect, civil and criminal cases differ in the required level of proof. That is civil claims need to be proved by a "preponderance of evidence," while criminal charges need ...
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1answer
98 views

UK law: compromising digital material - compelling someone to inform who showed them a naked video

A video depicting a friend, is allegedly circulating at my local pub which is embarrassing and demeaning to them, showing them naked, though not actually engaged in any relational activity. The person ...
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0answers
88 views

Can a defendant in a child pornography case get access to the actual material as evidence in California?

I am engaged in a semi-civil discussion regarding a recent case about a person in California who is accused of being in possession of child pornography. The person on the other side is of the opinion ...
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2answers
1k views

What does it mean when a court case is "dismissed"?

I've heard a number of conspiracy theorists say that court cases related to 2020 election fraud were "dismissed without looking at the evidence". According to wikipedia there have been 55 ...
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1answer
61 views

Were there any cases where one tried to falsify evidence with DeepFake?

Were there any cases, anywhere in the world, where one tried to falsify evidence with Deepfake, which is a technology powered by AI to create fake facial videos?
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1answer
124 views

Can the German Embassy go through your Whatsapp messages during Visa document verification process?

I am a Pakistani professional living and working in Germany under an "EU Blue Card" visa. I got married a little while back and to join me in Germany, my wife has applied for a Family ...
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1answer
36 views

What limitation can a judge place on examination or cross examination?

There are a number of limitations that a judge can place on the examination or cross examination of a witness. For instance, a judge can bar questions that are "immaterial, irrelevant an/or ...
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2answers
123 views

Are "small" courts more "informal" than "big" ones?

By "small" court, I mean a small claims or district court. By "big" court, I mean a circuit or federal court. ("State" courts would probably be in the middle.) Apparently,...
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2answers
1k views

Are jurors instructed to not be influenced by the emotions of the witnesses?

The 61 year old witness for the prosecution of the Floyd case broke down and cried uncontrollably. Does the judge give instructions to the jurors that they cannot allow the emotions of the witnesses ...
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2answers
261 views

Why did the judge allow the state to present the personal side of George Floyd to the jury?

I just saw the opening statements for the George Floyd case. At the end of the opening statement of the State, they presented a slide with several bullet points that gave personal information about ...
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1answer
2k views

Can a covert recording be used as evidence in UK civil court?

I have a court case against my landlord for disrepair. At the end of last year I had enough of waiting for him to respond to all the issues we have in the property, and I've sent him a letter of claim....
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2answers
290 views

Why what you say to the police can be used against you, but not in your favour?

I'm asking this question from the viewpoint of an almost complete newbie in court law. I've heard stated by plenty of lawyers that you should never talk to the police, and the only thing you should ...
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1answer
152 views

Can cops cut airbags out of a car before anyone gets to see it?

About three years ago, a friend of mine was involved in an accident with a fatality. Now he finds out on his last report that the police “cut” the airbags out of the car to bring them as evidence. My ...
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1answer
118 views

Are wikileaks considered valid proof in a court of law?

Are wikileaks considered valid proof in a court of law? How does the government assess whether a leak on wikileaks is legitimate, and is the assessment made on an individual basis, if so what is the ...
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1answer
97 views

How to notify a corporation to not destroy any evidence because a legal case may be filed?

What is the procedure to notify a corporation to not destroy any evidence because a civil legal complaint will likely be filed? Criminal complaints may also be pending, but that will be up to the ...
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3answers
348 views

Was the EncroChat Hack Legal? If not, is there a legal mechanism which could allow the evidence to be used?

Disclaimer: I am aware there are a lot nuances within law, particularly within each country, as such this question only concerns the wider EU law and UK law as these are the courts I am interested in ...
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3answers
251 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
51 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
93 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
165 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
62 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
57 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
125 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
87 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
85 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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1answer
99 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
243 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
61 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
88 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 ...

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