Questions tagged [rules-of-evidence]
Rules that apply to the admission of evidence in a trial.
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How do I print or present emails to support my defense in an unlawful detainer?
When presenting digital evidence in small-claims court, what is the correct way to do so?
For example, if I have voluminous quantities of e-mails, digital ledgers, and other digital documents along ...
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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 state court. The case was moved to a NJ federal court, and then transferred to a FLA federal court (after a ...
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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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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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"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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In court can you ask someone for all names they go by? How would question be phrased?
In a hearing the plaintiff has reason to believe that the defendant may have some type of pseudonym or sometimes use a variations of his name (like going by his middle name and leaving out the first).
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Is police report inadmissible when the cop who wrote it is not available to testify?
Say a cop conducted a crime investigation, interviewed the person of interest (later charged with the crime) and wrote it all down in a report.
When the trial comes, the cop is no longer available (...
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What happens if someone provides evidence in court without the knowledge of the judge?
It is my understanding that the judge must accept (almost?) all evidence admitted into court. So, this leaves me with three questions:
What happens if an official shows evidence that the judge hadn't ...
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Can a person secure an entity's former employee to act as an expert witness against them?
In federal court, is there any ethical or evidentiary rule that prohibits a person from using that entity's former employee as an expert witness against them?
For context, I would like to use a ...
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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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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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What are the constraints on a civil suit (witnesses, evidence, topics) - and are they public
I am currently watching the Depp/Heard trial, and there seems to be a lot of stuff that cannot be shown, or said, and a lot of people i would expect to make a statement are absent.
My guess is that ...
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Would proof of the convict being blackmailed into confession be enough to exonerate them in certain cases?
Imagine a convict who was blackmailed into confessing to a crime (this blackmail happens prior to the crime). Not only that, they were also blackmailed into doing certain incriminating actions, such ...
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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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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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Is McGee v State of Indiana 131.2 cited in The Verdict a complete fiction?
In the 1982 movie The Verdict (and, possibly, in the original novel as well), the respondent's lawyer cites "McGee v State of Indiana, United States 131.2" (at 1:57:10):
The admission of a ...
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Was the withholding of high-quality drone footage a Brady violation?
In the Kyle Rittenhouse trial, the defence filed a motion for a mistrial during jury deliberations. One of the grounds for a mistrial, they argued, was that a low-resolution recording of the drone ...
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Can a phone conversation be summoned from telecom operator as evidence in court of law
Our landlord/landlady have twice made statements that suggest they breached our privacy. We have not recorded our conversations since we understand it would be illegal to do so.
However, we wish to ...
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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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Can exclusion of evidence as to a question subject’s past habits and proclivities stand in any other context than that of a complainant’s consent?
If I am accused of drunk and disorderly conducts and my alibi/defence is that I am a teetotaller since the last 10 years and even before that only seldom and very lightly drank, this makes it very ...
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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 ...
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Why do courts allow attorneys to demand Yes-or-No answers to their questions? [duplicate]
Why do courts allow attorneys to demand Yes-or-No answers to their questions? I'm seeing a lot of that in the Chauvin trial.
Attorneys are prohibited from asking leading questions, and from badgering ...
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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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Is the U.S. Dep't of State yearly Report on Human Rights Practices deemed part of the record by the operation of law or you must cite it?
The reports are lengthy, ranging between ca. 20-70 pages for a particular country, and the greatest use of it is to draw an inference from the admissive assertion relative generally to torture and ...
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What are some cases / journals / books about withholding favourable evidence from the defence
I have access to westlaw and lexislibrary but cannot find any relevant cases to the police or prosecution not sharing expert evidence from the defence at all. Any help would be greatly appreciated, ...
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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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Watching the series Anatomy of a Scandal; would a rape case on such minimal evidence make it to court in real life?
In the Netflix series, Anatomy of a Scandal, the protagonist James Whitehouse is being tried on a charge of rape by a former colleague and affair partner who says that Whitehouse raped her during a ...
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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 ...
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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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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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Motion to strike a dismissed PO
How can a plaintiff avoid being faced with unfair prejudice after a defendant does a motion to strike all evidence from a dismissed PO? Since without the evidence the plaintiff can't defend their ...
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cop lies about confession
There are 4 people at this house. Drugs and a gun were found. The police decides to arrest and charge the person who was closer to the gun and drugs. DNA samples taken from the gun show two different ...
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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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Perverting the Course of Justice - Does deception fit this crime? [closed]
My question: Does Perverting the Course of Justice 'apply' to those who try and garner 'evidence' using somewhat deceptive means, even if the evidence they intend to gain is accurate and lawful?
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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 ...
user36735
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Dealing with expert opinions
Every Economist who is consistent with their discipline subscribes to
the subjective theory of value; how does a Judge who wants to be
consistent with Economics and coincidentally also is a B.A in
...
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