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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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-1 votes
0 answers
71 views

Crazy emails from superstar professor [closed]

I'm working on my doctoral degree at a sort of mid-ranked average institute, and I just came to shortly visit a super famous lab and professor, think the top of the very top in the USA. Some of their ...
8 votes
1 answer
2k views

How do you prove a fact at issue in litigation?

Many questions on this site ask some variant of the question: "how does one prove something in court?" Paraphrasing a few: How can mens rea be proved? How do you prove that someone forged ...
0 votes
4 answers
443 views

What happens if there are multiple suspects but not enough evidence to convict any of them?

For example, suppose there are two houses side-by-side. One day someone throws an incendiary device from one house to the other, causing a fire. The facts of the case are: There are four people in ...
8 votes
1 answer
1k views

Is a doctor's diagnosis in clinical notes, made without a confirmatory test, admissible evidence in an assault case in California?

I am unsure of the exact process for diagnosing a concussion, but I assume it typically involves an examination to confirm the diagnosis. My doctor diagnosed me with a mild concussion based on my ...
2 votes
1 answer
270 views

Could Trump have just avoided the charges?

In the recent NY v. Trump case, Mr. Trump was convicted of falsifying business records (34 times). I found this article helpful in explaining the case Once Mr. Trump or his lawyers suspected that law ...
9 votes
5 answers
9k views

Can a witness be ignorant about a question asked to him in court?

Is it acceptable for a witness to give an answer to a question posed to them in court as I dont know or I'm uncertain? This is not a refusal to testify; it's just a lack of knowledge. Does the justice ...
0 votes
4 answers
360 views

Is a victim's testimony alone sufficient evidence to support a felony conviction?

If, for example, a woman accuses a man of harassing her, can the man be convicted of a felony and sent to prison solely on the basis of the victim's testimony as the sole witness in the case without ...
0 votes
1 answer
89 views

Probability In Legal Cases - Evidence vs Information

While reading Probability and Statistics books related to Legal cases, I came across usages of two terms - Evidence and Information - that are a bit confusing to me. Specifically, while solving a ...
2 votes
1 answer
123 views

How is slang deciphered in court?

Many of you may have seen the popular internet video about LMFAO the hacker - in short, it's a comedy skit about a Secret Service agent trying to decipher text messages and mistakenly assuming that ...
2 votes
2 answers
157 views

On what basis are Miranda rights enforced?

According to a previous answer to one of my questions, you don't have a constitutional right to a Miranda warning, my question then is how did the USA universally develop Miranda if it was not through ...
6 votes
0 answers
519 views

Usage-Based Insurance Devices (Like Progressive's Snapshot) - Evidence of Liability and Public Policy

In the United States, the biggest auto insurance carriers such as Progressive, Allstate and State Farm, have all begun offering optional potential policy discounts if the covered driver agrees to ...
4 votes
3 answers
757 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 ...
6 votes
6 answers
4k views

Are you guilty of tampering with evidence if you hide a morally dubious act which you didn't know for certain was a crime?

Consider the following scenario: A person has some texts in which they say to a friend "yeah, I was riding way under the speed in that road to annoy people". This is a crime. They don't ...
4 votes
1 answer
721 views

Would I be risking being guilty of destruction of evidence any time I clear data off my computer? where are the limits?

I've heard it claimed everyone is guilty of a crime, whether or not they realize it. As such my computer likely possesses all kind of evidence against me, even if it's mostly trivial things. Maybe I ...
1 vote
1 answer
358 views

Judge didn't receive my submitted evidence! [closed]

I submitted documents at the surrogate's office for evidence in my case but the judge claimed that they didnt have anything submitted from me. This is a civil case and unfortunately I cannot afford a ...
6 votes
1 answer
2k views

Introducing evidence into trial in the US

How does one introduce evidence into trial? Do all pieces of evidence have to be introduced into trial before trial starts? Can I bring additional evidence on the day of the trial and introduce it on ...
1 vote
1 answer
92 views

Is a party entitled to a copy of a video of a document signing?

My wife and I signed documents ( doc-u-sign) via - they performed a video of us signing documents. As I’m signing these we were also talking to an employee that is in charge of this process .The ...
-1 votes
2 answers
285 views

Request an affidavit "just in case"

Suppose I believe person A to have a certain pattern of behavior. I also believe that person B has direct experience with said behavior. I, as a non-lawyer with no connection to the legal system ...
11 votes
2 answers
5k views

Is producing a lookalike a sufficient defense against eye-witness identification?

In Charles Dickens' "A Tale of Two Cities" Book 2 Chapter 3 'A Disappointment', a man is on trial. He has been identified by an eyewitness who testifies under oath that he saw the defendant ...
5 votes
3 answers
2k views

How does the law deal with translating inherently ambiguous writing systems?

During a trial, sometimes the prosecutor must present written materials (emails, text messages, files) obtained from the defendant as evidence in order to prove something. Sometimes this evidence can ...
1 vote
2 answers
397 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 ...
24 votes
4 answers
6k views

Admissibility as evidence of photographs taken by a mobile phone

It would appear that Samsung has admitted that images captured using their mobile phones' "Scene Optimizer" feature (which can be disabled) are not necessarily an accurate photograph of what ...
3 votes
1 answer
1k views

Is a judge or jury "to assume or presume" testimony not given after invoking the fifth amendment would have been negative in a civil trial?

In CNN's ‘Very bad strategy’: Legal expert reacts to Trump’s latest attack on judge after 03:11 there's the following exchange with former federal prosecutor Renato Mariotti: CNN: And of course, when ...
1 vote
1 answer
75 views

What burden of proof is needed on factual aspects of discrimination claims to invoke the statutory provision for shifting the overall burden of proof?

S136 Equality Act 2010 provides for shifting the burden of proof. But what standard does the claimant have to make out the preliminary facts to in order to engage this section? And is testimonial ...
1 vote
1 answer
85 views

Are evidentiary rules concerning admissibility of observations about a complainant’s habits or character against fundamental rights/precepts?

In many jurisdictions, the criminal standard of proof is, subject to Blackstone’s ratio, “beyond a reasonable doubt.” Yet some rules such as s276, Canadian Criminal Code, state, simply and plainly, ...
1 vote
3 answers
320 views

Will this be considered proof of purchase?

Each product has a traceable serial number, and to operate the product, it must be registered and activated through the manufacturer's software. The registration and activation process requires the ...
1 vote
1 answer
74 views

What exception is used to bring in public school records using CA evidence rules?

Is a record kept in the course of “business” at a public school admitted into evidence as a business record, public record or official government record under CA Evidence rules?
1 vote
1 answer
128 views

Online fraud (but not sure)

This may sound funny to some, but it's very frustrating to me. So I ordered some live crabs from an online store as pets. I ordered a specific species of these crabs. The shipping info said 1 - 7 days....
1 vote
1 answer
197 views

Can video evidence be used to dismiss a criminal case with a motion prior to a trial or a preliminary hearing?

If someone has home video evidence to prove their innocence of NO probable cause against assault charges submitted by the police against them (claiming probable cause) how do they submit the video in ...
4 votes
1 answer
649 views

Can I use a recorded phone call as evidence in a federal court case if I'm a participant in the conversation (in two single-party consent states)?

Would it be legal for me to record a phone call, without the other party’s explicit knowledge or consent that it was being recorded beforehand, as long as I, a participant in the conversation, consent ...
16 votes
3 answers
6k views

How would mathematical demonstratives be used in a court?

I remember in a children´s show when I was little that one episode featured a court case where the villain was accused of having too much land area in contravention of the laws of the town they were ...
0 votes
1 answer
181 views

Is one witness all that's needed to prove a civil case?

So a couple of weeks ago I parked at my apartment building and when I came back to my car the following day, I found a note that I had hit the car beside me when I parked and that the other party had ...
3 votes
1 answer
355 views

In a criminal trial, is the prosecution allowed to discuss its plea bargaining with the defendant?

Suppose that someone is charged with a crime. Before they are arraigned, they negotiate with the prosecution about a potential plea bargain, but do not reach one and instead go to trial. During the ...
4 votes
1 answer
155 views

What will a judge do if a witness refers to an event previously stricken from the record? (USA)

Some context. Suppose the prosecutor enters into evidence body camera footage from a police officer. On the tape, the suspect makes a lewd remark, and another officer offers a witty comeback. The jury ...
7 votes
2 answers
3k views

An attorney can't afford to pay for professional services to search & retrieve required documents for civil & criminal proceedings, what happens next?

If an attorney in the US is being required to produce substantial but selected legal records and documents for a mix of criminal and civil litigations against the attorney, and these documents are ...
-1 votes
1 answer
166 views

Has there ever been a court case dependent on general or special relativity or both?

Possibly something related to where GPS data was submitted as evidence.
0 votes
1 answer
220 views

Did cops break the law by entering a rental home when invited by one party and denied by another?

This story brought up a bit of a debate on the legality of MD cops entering a rental home when one renter originally stated that they could not enter but another later said they could. As I understand ...
0 votes
1 answer
262 views

Roommate accusing me of theft in Germany [closed]

my stuff kept going missing and when I asked my roommate they denied but later I looked through their bags and found out it that they were stealing my stuff and hiding it in their bag. I took a ...
0 votes
1 answer
137 views

Attorney Client Privilege: Disclosure within Evidence

Florida Statues Provides A person who has a privilege against the disclosure of a confidential matter or communication waives the privilege if the person, or the person's predecessor while holder of ...
4 votes
5 answers
4k views

If a court witness self-implicates are they automatically charged?

If a witness under oath in court gives evidence that reveals they have committed a previously unknown crime or offence, are they automatically charged or is there another process that may or may not ...
6 votes
3 answers
3k views

Calling a judge as a witness in a case that the judge is presiding over?

I want to pose a question on the limits of a defendant's right to call people to testify at trial. Let's assume that a judge is conducting a trial (the sort of trial is irrelevant - it could be ...
3 votes
2 answers
754 views

Why was the video evidence heavily debated in the Kyle Rittenhouse case?

During the Kyle Rittenhouse Trail, on days 6 and 8, questions were raised about the program used to enhance the video evidence. The program, Amped FIVE, was used for the drone footage. To do this, ...
4 votes
2 answers
345 views

Discovery of Evidence - Context, Significance and Meaning?

(In US criminal proceedings) The Prosecution must provide all evidence against the Defendant to the Defense before the trial begins in the "Discovery process". Is the Prosecution also ...
6 votes
3 answers
2k views

What does "credible" mean?

Looking at the recently delivered findings and conclusions in Brandt et al. v. Rutledge et al., full text here. On pp. 56-57 of the PDF, one of the expert witnesses is discussed (emphasis added): Dr. ...
-2 votes
1 answer
144 views

To what extent will Artificial Intelligence affect criminal court proceedings with respect to digital evidence? [duplicate]

These days (2023) AI can produce convincing images and even videos that realistically portray people saying or doing things that they did not actually do. Currently we can employ experts to detect ...
3 votes
1 answer
87 views

First criminal court trial with DNA evidence Idaho

I'm wondering what was the first Idaho criminal court trial that admitted DNA evidence and led to defendant's conviction? The only thing I found is the following but the defendant pleaded guilty in ...
-5 votes
1 answer
104 views

Is not disclosing your address a reason alone to be remanded into prison? [closed]

What do you do if your duty solicitor recommended you to self represent but the judge / court basically ignores the testimony and continue to abuse, exploit and invert language and its meaning/origin ...
-1 votes
4 answers
241 views

Can evidence that 100% proves guilt (but was obtained 100% illegally) sway a jury to convict? [closed]

Raymond the Rapist raped Dan the Dad's child. Dan takes Raymond to court, but there's 0 evidence, and it's basically a he-said-she-said deal, and there's nothing Dan can do to convict Raymond. So Dan, ...
3 votes
1 answer
297 views

Is a Denial of a Motion to Compel Arbitration reviewed de novo by the Appellate Division?

Appeals of an arbitration award are reviewed de novo. Does the same apply to the denial of a Motion to Compel Arbitration? In other words, if the trial court denied a motion to compel arbitration, is ...
0 votes
1 answer
84 views

Section 9 Criminal Justice Act applicable to family law?

Nuanced, procedural thing. In the UK law system: Witness statement Position statement Statement of truth Statement under oath Criminal Procedure Rules 2020 Under section 9 of the Criminal Justice ...

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