Questions tagged [rules-of-evidence]

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801.d.2.D - Party Opponent

For mock trial, the case is STATE OF WASHINGTON, Plaintiff, vs. SYDNEY CARDEN, Defendant. Two of the witnesses are Sam Drucker (plaintiff witness), a manager for a local thrift store, and Kahuna ...
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2answers
102 views

Can a U.S. phone call recorded in a 1-party state be used as evidence in a case tried in a state that is 2-party?

Hypothetically, let's say someone is involved in a case that was originally filed in a NJ court. The case was then transferred to FLA (after a motion to do so was accepted). If they have recorded ...
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2answers
163 views

What happens when there's not enough evidence in a trial?

I'm writing a story and need to know some things for factual accuracy. There's a man in the story who is accused of a DUI hit-and-run. He's discovered (sleeping) in the vehicle after the hit and run. ...
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1answer
148 views

When can you no longer submit evidence in a civil case?

I was wondering if there was a point in a civil case where parties are no longer allowed to submit evidence, to my understanding all evidence is submitted at a pretrial, and after that it is ...
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61 views

Is it an error for a judge to not consider all pieces of evidence?

A prosecutor attempts to lay charges against an alleged perpetrator (in New Zealand anyone can do this under the private prosecution provisions). The judge is presented with a set of pieces of ...
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19 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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2answers
438 views

Explanatory vs Exploratory evidence in legal proceedings

In academia, there is an important distinction between exploratory analyses of data and confirmatory analyses. Careers have been ruined by researchers passing off the one as the other. Since the ...
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5answers
3k views

How is the burden of evidence distributed between parties?

I'm curious as to how the US legal system determines who should present evidence and how much evidence is required by them to prove one side of an argument against a counterargument. Here's an ...
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1answer
347 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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5answers
267 views

“Reasonable doubt” and conditional probabilities

Let A be the event that the accused is guilty and B is the event that evidence / testimonies are presented against the accused. In the U.S., does "reasonble doubt" refers to a juror's subjective ...
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1answer
48 views

Character, Record and Associations = Evidence?

As I understand it, the prosecution must establish a motive, means and opportunity before a person can be convicted of a crime. However, none of these are considered evidence. To put it another way, ...
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1answer
884 views

Chain of Custody

So chain of custody is obviously important, but why? I have seen many articles referring to drugs and one where the murder weapon was handled without gloves. But what about other types of evidence ...
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1answer
347 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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1answer
524 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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0answers
57 views

When is evidence introduced that is not easily shown

In a criminal trial, I've seen counsel walk over and show items to the opposing counsel that they wish to enter into evidence. After showing it to them, they'll begin laying the foundation sometimes ...
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2answers
372 views

What if a guilty person is later found innocent?

Suppose someone was found guilty according to evidence, jailed, then more evidence finds him/her innocent way later (like the incriminating evidence was later found to be fabricated). Would this mean ...
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1answer
324 views

When can a defendant in a criminal trial introduce evidence?

I was watching a criminal speeding trial in Texas a few weeks ago. The defendant was acting pro se. A police dash-cam video apparently existed of the incident and the defendant was in possession of it....
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1answer
395 views

Is evidence obtained under false pretences admissable in a criminal trial?

Is evidence obtained under false pretences admissable in a criminal trial? For example, imagine a policeman impersonates a computer technician to gain admittance to the suspect's home in order to "...