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LSDefine

Simple English definitions for legal terms

best evidence rule

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A quick definition of best evidence rule:

The best evidence rule is a legal principle that applies when someone wants to use a document, recording, or photo as evidence in court, but the original is not available. If the original is lost or destroyed, the person must explain why. If the reason is acceptable, they can use a copy of the document instead. However, this rule only applies when someone wants to prove what the document says, not just that it exists. Copies of documents are usually allowed in court, but if someone questions their authenticity, the original must be produced.

A more thorough explanation:

The best evidence rule is a legal principle that applies when a party wants to use a writing, recording, or photograph as evidence in a trial, but the original is not available. In such cases, the party must provide a valid reason why the original is not available. If the court finds the reason acceptable, the party can use secondary evidence to prove the contents of the document.

The best evidence rule only applies when a party seeks to prove the contents of the document sought to be admitted as evidence. For example, if a witness testifies that they made a payment without entering a receipt for the payment into evidence, the best evidence rule does not require the receipt to be entered.

Most information is stored electronically these days, so the original of an electronically stored piece of evidence includes an archive or printout of that information. For instance, if a party would like to enter a series of emails into evidence, they can print out the emails and use the printout as an original for satisfying the best evidence rule.

Duplicates of written, recorded, or photographic evidence are also admissible in court unless a genuine question is raised about the authenticity of the original or it is unfair to admit the duplicates due to the specific circumstances. For example, a party can enter a copy of a lease contract in a landlord-tenant dispute. However, if the opposing party claims that the copy of the lease contract provided is fraudulent, the best evidence rule requires that the original lease contract must be produced in such a scenario.

Whether a proponent has met the requirement for “admitting other evidence of the content of a document” is determined by the court. In a jury trial, however, the jury determines whether an asserted writing, recording, or photograph ever existed, whether another writing, recording, or photograph produced at trial is the original, or whether other evidence of content correctly reflects the content.

Berne Convention | best interests of the child

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HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
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