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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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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 ...
Elias e.'s user avatar
2 votes
1 answer
265 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 ...
Pete B.'s user avatar
  • 736
0 votes
4 answers
324 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 ...
Ahmed Hani Mosaad's user avatar
0 votes
1 answer
87 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 ...
KRG's user avatar
  • 23
1 vote
1 answer
117 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 ...
stickynotememo's user avatar
2 votes
2 answers
150 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 ...
Neil Meyer's user avatar
  • 5,017
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 ...
Luiz Martins's user avatar
1 vote
1 answer
350 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 ...
Danielle G's user avatar
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 ...
HelloDarkWorld's user avatar
1 vote
1 answer
90 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 ...
William Boston's user avatar
-1 votes
2 answers
247 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 ...
TJM's user avatar
  • 101
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 ...
Triplefault's user avatar
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 ...
dvx2718's user avatar
  • 221
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 ...
Mark Morgan Lloyd's user avatar
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 ...
uhoh's user avatar
  • 826
1 vote
1 answer
73 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 ...
TylerDurden's user avatar
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, ...
TylerDurden's user avatar
1 vote
3 answers
311 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 ...
Skies's user avatar
  • 338
1 vote
1 answer
64 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?
COOKIES's user avatar
  • 372
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....
Alex Blue's user avatar
1 vote
1 answer
188 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 ...
SLM's user avatar
  • 11
0 votes
1 answer
167 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 ...
Trustworthy's user avatar
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 ...
R-Obsessive's user avatar
  • 1,185
3 votes
1 answer
332 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 ...
Very Tiny Brain's user avatar
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 ...
uhoh's user avatar
  • 826
-1 votes
1 answer
164 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.
R-Obsessive's user avatar
  • 1,185
0 votes
1 answer
219 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 ...
dsollen's user avatar
  • 8,500
0 votes
1 answer
258 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 ...
julia robrets's user avatar
4 votes
2 answers
344 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 ...
abelenky's user avatar
  • 3,166
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. ...
G_B's user avatar
  • 163
-2 votes
1 answer
143 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 ...
chasly - supports Monica's user avatar
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 ...
Jon's user avatar
  • 460
-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 ...
Dan's user avatar
  • 119
-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, ...
chausies's user avatar
  • 4,141
0 votes
1 answer
81 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 ...
Silly mistakes in the past's user avatar
3 votes
1 answer
295 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 ...
1000K's user avatar
  • 33
8 votes
2 answers
6k views

Can messenger chat be used as evidence in courts?

My roommate agreed that I don't need to pay rent for the days I am not in apartment. I have to go to Texas for a 6 month period. I informed my roommate before adding him as roommate. We had this ...
user2225190's user avatar
4 votes
1 answer
605 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 ...
greenblue's user avatar
-1 votes
2 answers
516 views

U.S. Law: Why would evidence be viewed in the light most favorable to prosecution?

Firstly, I'm requesting that persons focus on the question in the title of this post. Please do focus on that. I think for a rational trier of fact to view the evidence in the light most favorable to ...
Dennis Francis Blewett's user avatar
-1 votes
2 answers
38 views

Questions regarding lack of evidence/reasoning for initial interaction with law enforcement and how that affects any infraction discovered thereafter [closed]

State: UT County: Salt Lake County People: Man#1=Protagonist Woman#1=WitnessOne (Life Partner) Woman#2=WitnessTwo (Friend) Woman#3=Antagonist (Fellow employee) Employer=HotelChain Events: During a ...
Jake Baldwin's user avatar
14 votes
7 answers
6k views

Is the saying that "cops can use anything you say against you" overstated or understated?

Is everything one says to a cop in the course of an enquiry really admissable as evidence against them? Even if they deny allegations? Why is that?
Statistics's user avatar
4 votes
1 answer
694 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 ...
dsollen's user avatar
  • 8,500
1 vote
1 answer
54 views

In CrPc (India) can a court discharge or dismiss a complaint against the accused even if a prima facie case is made out against them?

Or is it generally impossible for this to occur and can grounds for not proceeding against an accused be based on anything other than evidence? How do magistrates prevent First Information Reports ...
user avatar
1 vote
1 answer
258 views

Why did FBI establish such intense surveillance to prove Jeremy Hammond's guilt?

https://en.wikipedia.org/wiki/Jeremy_Hammond Jeremy Hammond was a computer hacker who attacked Stratfor firm. Once FBI was able to pinpoint the real identity of the person behind one of the nicknames ...
lllliquid's user avatar
2 votes
0 answers
39 views

Is evidence gathered under the aegis of a fake/incomplete/otherwise falsified warrant admissible in court? [duplicate]

If a police officer bangs on my front door, as his partners is loudly declaring he possesses "a warrant to search the premises!" when, in actuality, he's waving about his cruiser's ...
NerdyDeeds's user avatar
-3 votes
1 answer
84 views

In US, does an investigator always present the evidence of guilt of a suspect no matter what?

In US criminal justice system, must the investigator always provide the evidence that the particular suspect is the one who indeed perpetrated the crime, no matter what investigation procedures and ...
lllliquid's user avatar
1 vote
2 answers
920 views

What are the Defense / Prosecution required to share with each other?

If the prosecution has their hands on some choice evidence that can be used as a "gotcha" against the defense and catch them off guard, are they allowed to do that? Or are the prosecution ...
chausies's user avatar
  • 4,141
9 votes
7 answers
5k views

If the Jury considers evidence that should be discarded in the US, what would the result be?

This comes from the movie A Guilty Conscience, which may be one of the best movies of the past 20 years in Hong Kong and its box office is the highest ever. Movie Spoiler Warning What if the defendant'...
Stefanie Gauss's user avatar
5 votes
2 answers
798 views

How common actually are perjury proceedings?

I’ve read a number of tenant advice materials that caution that landlords frequently lie at court and so one really has to be prepared for this to potentially happen. Meanwhile, I have read a number ...
TylerDurden's user avatar
-2 votes
2 answers
392 views

Is it common to provide evidence via email to a lawyer?

Do clients and attorneys typically communicate evidence via e-mail or cloud-based sharing services (i.e. One Drive or Dropbox)? If so, are these safe for confidential material? It this a common way to ...
hellohello's user avatar

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