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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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 ...
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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 ...
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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 ...
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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, ...
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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 ...
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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?
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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....
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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.
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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 ...
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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 ...
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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 ...
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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. ...
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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 ...
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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 ...
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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 ...
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Can I tempt the police into using a password that would destroy evidence without being guilty of destruction of evidence? [duplicate]
Purely hypothetical situation here, not at all related to my need to hide my plans for world domination on my laptop...honest!! Lets say I have incriminating evidence saved electronically somewhere. ...
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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, ...
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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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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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?
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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'...
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If exactly one of two people committed a crime, but both deny it, how is conviction handled? [duplicate]
Say a crime has been committed, and there are literally only 2 suspects, one of whom it HAD to be. How can the conviction be handled?
As an example: Bob and Carl are caught alone in a room with a ...
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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 ...
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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 ...
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Can a Lease with Missing Pages be used as Evidence in Court?
Suppose a 10 page lease agreement is signed by a landlord and tenant. After a number of years, some of the pages were misplaced but each of the parties signed the bottom of each of the 10 pages (not ...
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Does the exclusionary rule attach to the illegality of the search or to the person whose rights were violated?
Police blatantly illegally searches Bob's house and finds very strong evidence that Bob and Rob independently committed a horrific crime each. A variation: the crime is the same and Bob and Rob ...
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Can one's personal electronic accounts be forced to be made accessible in a civil case like divorce?
If there's a criminal case, the police can get a warrant to access someone's electronic communications without the suspect's consent.
What about a civil case (if it makes a difference, let's say ...
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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 do you prove that someone forged your signature?
How do you ...
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How to inform prosecutors of potentially relevant information, and is it appropriate
There is a somewhat well known streamer in a very small community, who has been well known in the community for making troubling claims, and generally giving the appearance of being, to some extent, ...
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What is the scope for third party subpoenas in civil litigation?
Are third party subpoena's of large organizations allowed in civil litigation?
For example, if there is a lawsuit over a business deal, can one or more of the parties subpoena phone records such as ...
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In Russia, if a perp commits several of the worst crimes and there is digital evidence for them, do they get the max sentence?
Suppose a Russian citizen commits many of the worst atrocities. Now suppose that they have a whole digital record of planning and premeditation. Would the digital evidence make the Russian Civilian ...
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How to conserve legal value of email after leaving organization and thus losing access to email account?
I'm leaving an institution I've been working for. I received notice that my institutional email account will be shut down in some months. That is just Gmail hidden behind a non-Gmail address, i.e. ...
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How can I prove that I owned an object before a certain date?
I received a widget on January 1.
A law is passed criminalizing ownership of widgets.
It is an affirmative defense that the widget owner had it before January 10th.
How can I prove that I owned the ...
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Police believe unreported rape left evidence
Police know there's a serial rapist in a particular area. He's left no DNA and victims never saw his face. Police learn that a unknown female victim from that area was examined by a sexual assault ...
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What is required to warrant a drug raid in NYC?
Doing research for a fictional book, and I'm wondering what kind of "evidence" my characters could fabricate in order to make the DEA (or any other relevant agency) run a raid on a building. ...
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