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26 May 2009, 9:50 pm
The answer is yes a lies in circumstantial evidence. [read post]
21 Oct 2011, 9:52 am
When may a court consider parol evidence (testimony as to terms) when interpreting and enforcing a contract? [read post]
10 Sep 2010, 3:39 pm
The Federal Court recently took the unusual step of striking evidence on an interlocutory application, concluding that the affidavit at issue contained irrelevant or hearsay evidence going to controversial issues and that the objecting party would be prejudiced if admissibility was left to the trier of fact. [read post]
13 Nov 2021, 9:32 am
Character evidence is evidence as to reputation. [read post]
15 Jan 2016, 4:00 am
The Crown needed to authenticate all evidence, even ‘real evidence’. [read post]
18 Feb 2010, 2:19 am
The Federal Evidence Review has shared a PDF of the current federal rules of evidence. [read post]
21 Oct 2013, 11:54 am
In this blog post I’ll address impeaching with evidence of bias. [read post]
20 Jan 2012, 10:03 am
There were changes to the Federal Rules of Evidence that went into effect on December 1, 2011, so Westlaw's Fall 2011 Federal Rules of Evidence books are no longer current. [read post]
24 Apr 2023, 6:00 am
" Concluding that the Petitioner was one of the individuals responsible for the child at the time of the incident is supported by substantial evidence in the record, the Appellate Division opined contrary to Petitioner's contention, "the fact that the [OCFS] determination was based, in large part, on hearsay evidence, does not require a different conclusion. [read post]
24 Apr 2023, 6:00 am
" Concluding that the Petitioner was one of the individuals responsible for the child at the time of the incident is supported by substantial evidence in the record, the Appellate Division opined contrary to Petitioner's contention, "the fact that the [OCFS] determination was based, in large part, on hearsay evidence, does not require a different conclusion. [read post]
12 Dec 2017, 4:00 am
Using archival evidence from nineteenth-century Morocco, I argue that, contrary to the prevailing historiography, written evidence was central to procedure in Moroccan shari‘a courts. [read post]
1 Jan 2019, 11:19 am
I was skeptical about the idea that the National Geographic golden frame was recognizable as a mark on its own, but parodic use (in conjunction with "society," so not entirely on its own) seems to me to be evidence to the contrary:http://tushnet.blogspot.com/feeds/posts/default? [read post]
22 Aug 2020, 9:20 am
Colin Miller brings, The Admissibility of Statements Made to Doctors Consulted For the Purpose of Enabling Him/Her to Testify Federal Rule of Evidence 803(4) provides an exception the rule against hearsay for A statement that: Continue reading [read post]
17 Jul 2008, 1:39 pm
Evidence after summations. [read post]
26 Jul 2007, 9:06 pm
From denverpost.com: Colorado lawmakers and criminal-justice advocates called Wednesday for law enforcement officials statewide to halt destruction of biological evidence in major felony cases while legislative leaders pursue new laws to protect crime-scene specimens. [read post]
4 Feb 2010, 2:53 pm
Last week here, I reported on an iPhone evidence app that was missing one of the federal rules. [read post]
25 May 2013, 2:14 am
Generally, character evidence is inadmissible. [read post]
31 Aug 2009, 1:06 am
iStock_000000933044Medium.jpg The Best Evidence Rule, embodied in FRE 1002, is often misunderstood. [read post]
1 Jul 1998, 6:31 pm
ABA Annual Meeting Tort & Insurance Section A practical approach to prosecuting and defending claims that involve the destruction of documents or evidence Continue reading › The post A Practical Guide to Presenting and Defending a Spoliation of Evidence Case appeared first on Texas Law Updates. [read post]
31 Aug 2011, 4:00 pm
Question:I have dozens of text messages that are very damaging to my wife and the case she is trying to present against me.I would like to use these text messages as part of my defense but am curious about the rules of evidence and whether they can be used.Do text messages submitted as evidence hold up in court? [read post]