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Learned Treatise
A learned treatise, in the law of evidence, is a text that is sufficiently authoritative in its field to be admissible as evidence in a court in support of the contentions made therein. Under the common law, such evidence was at one time considered hearsay - a statement made out of court being introduced to prove the truth of the statement - and was not admissible ''except'' to rebut the testimony of an opposing expert witness. There were four ways to introduce such evidence: # Adduce testimony that the opposing expert witness actually used that text to reach his conclusions; # Adduce testimony by the opposing expert admitting that the text is an authority in the field; # Have a friendly expert witness testifying against the opposing expert witness attest to the authoritativeness of the text. # Have the judge take judicial notice of the text, if it is sufficiently notable that the average person would know that it is an authority (for example, ''Gray's Anatomy''). Under the Federa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Evidence (law)
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction. The quantum of evidence is the amount of evidence needed; the quality of proof is how reliable such evidence should be considered. Important rules that govern admissibility concern hearsay, authentication, relevance, privilege, witnesses, opinions, expert testimony, identification and rules of physical evidence. There are various standards of evidence, standards sh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
