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United States Evidence Law
The following Outline (list), outline is provided as an overview of and topical guide to evidence law in the United States: Evidence law in the United States – sets forth the areas of contention that generally arise in the presentation of Evidence (law), evidence in Trial (law), trial proceedings in the United States, U.S. Relevance *Relevance (law), Relevance *Public policy doctrines for the exclusion of relevant evidence *Legal burden of proof, Burden of proof Types of evidence *Testimony **Foundation (evidence), Laying a foundation **Eyewitness identification **Character evidence **Habit evidence **Similar fact evidence *Documentary evidence **Authentication (law), Authentication **Best evidence rule **Self-authenticating documents **Ancient documents **Parol evidence rule *Physical evidence **Chain of custody *Real evidence *Digital evidence *Exculpatory evidence *Scientific evidence (law), Scientific evidence **Genetic fingerprinting#DNA evidence as evidence in crimi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Authentication (law)
Authentication, in the law of evidence, is the process by which documentary evidence and other physical evidence is proven to be genuine, and not a forgery. Generally, authentication can be shown in one of two ways. First, a witness can testify as to the chain of custody through which the evidence passed from the time of the discovery up until the trial. Second, the evidence can be authenticated by the opinion of an expert witness An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as ... examining the evidence to determine if it has all of the properties that it would be expected to have if it were authentic. For handwritten documents, any person who has become familiar with the purported author's handwriting prior to the cause of action from which the trial arose can testify that a doc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lies (evidence)
A lie is a statement used intentionally for the purpose of deception. The practice of communicating a lie is called lying; a person who communicates a lie may be termed a liar. Lies may be employed to serve a variety of instrumental, interpersonal, or psychological functions for the individuals who use them. Generally, the term "lie" carries a negative connotation and, depending on the context, a person who communicates a lie may be subject to social, legal, religious, or criminal sanctions. England and Wales In England, if the prosecution seeks to rely on the fact the defendant lied (to police, for example), it is sometimes necessary for the judge to give the jury what is known as a ''Lucas'' direction. A ''Lucas'' direction is not used where the prosecution attempts to show the defendant committed the crime, and, if the jury finds the defendant guilty, this would mean the defendant had lied. The direction "comes into play when the prosecution says, or the judge envisages that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Demonstrative Evidence
Demonstrative evidence is evidence in the form of a representation of an object. This is, as opposed to, real evidence, testimony, or other forms of evidence used at trial. Examples Examples of demonstrative evidence include photos, x-rays, videotapes, movies, sound recordings, diagrams, forensic animation, maps, drawings, graphs, animation, simulations, and models. It is useful for assisting a finder of fact (fact-finder) in establishing context among the facts presented in a case. To be admissible, a demonstrative exhibit must “fairly and accurately” represent the real object at the relevant time. See Federal Rules of Evidence 901, 902, and 1001-1004 for an example from United States law. Other examples of demonstrative evidence include case specific medical exhibits, colorized diagnostic films, general anatomy and surgery exhibits. These forms of demonstrative evidence are commonly used as a personal injury lawyer resource. Demonstrative evidence with dramatic impact c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Genetic Fingerprinting
DNA profiling (also called DNA fingerprinting) is the process of determining an individual's DNA characteristics. DNA analysis intended to identify a species, rather than an individual, is called DNA barcoding. DNA profiling is a forensic technique in criminal investigations, comparing criminal suspects' profiles to DNA evidence so as to assess the likelihood of their involvement in the crime. It is also used in paternity testing, to establish immigration eligibility, and in genealogical and medical research. DNA profiling has also been used in the study of animal and plant populations in the fields of zoology, botany, and agriculture. Background Starting in the 1980s, scientific advances allowed the use of DNA as a material for the identification of an individual. The first patent covering the direct use of DNA variation for forensicsUS5593832A was filed by Jeffrey Glassberg in 1983, based upon work he had done while at Rockefeller University in the United States in 1981. B ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scientific Evidence (law)
An expert witness, particularly in common law countries such as the United Kingdom, Australia, and the United States, is a person whose opinion by virtue of education, training, certification, skills or experience, is accepted by the judge as an expert. The judge may consider the witness's specialized (scientific, technical or other) opinion about evidence or about facts before the court within the expert's area of expertise, to be referred to as an "expert opinion". Expert witnesses may also deliver "expert evidence" within the area of their expertise. Their testimony may be rebutted by testimony from other experts or by other evidence or facts. History The forensic expert practice is an ancient profession. For example, in ancient Babylonia, midwives were used as experts in determining pregnancy, virginity and female fertility. Similarly, the Roman Empire recognized midwives, handwriting experts and land surveyors as legal experts. The codified use of expert witnesses ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exculpatory Evidence
Exculpatory evidence is evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt. It is the opposite of inculpatory evidence, which tends to present guilt. In many countries, including the United States, police and prosecutors are required to disclose to the defendant exculpatory evidence they possess before the defendant enters a plea (guilty or not guilty). In some countries such as Germany, the prosecutor has to actively search for both exculpatory and inculpatory circumstances and evidence before filing of action. Per the ''Brady v. Maryland'' decision, prosecutors in the United States have a duty to disclose exculpatory evidence even if not requested to do so. While the prosecution is not required to search for exculpatory evidence and must disclose only the evidence in its possession, custody, or control, the prosecution's duty is to disclose all information known to any member of its team, e.g., police, investig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Digital Evidence
In evidence law, digital evidence or electronic evidence is any probative information stored or transmitted in digital form that a party to a court case may use at trial. Before accepting digital evidence a court will determine if the evidence is relevant, whether it is authentic, if it is hearsay and whether a copy is acceptable or the original is required. The use of digital evidence has increased in the past few decades as courts have allowed the use of e-mails, digital photographs, ATM transaction logs, word processing documents, instant message histories, files saved from accounting programs, spreadsheets, internet browser histories, databases, the contents of computer memory, computer backups, computer printouts, Global Positioning System tracks, logs from a hotel’s electronic door locks, and digital video or audio files. Many courts in the United States have applied the Federal Rules of Evidence to digital evidence in a similar way to traditional documents, although ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Real Evidence
In evidence law, physical evidence (also called real evidence or material evidence) is any material object that plays some role in the matter that gave rise to the litigation, introduced as evidence in a judicial proceeding (such as a trial) to prove a fact in issue based on the object's physical characteristics. In American law Tampering It is an offense at common law "to tamper with, conceal, or destroy evidence knowing that it may be wanted in a judicial proceeding or is being sought by law enforcement officers."67 Corpus Juris Secundum ''Corpus Juris Secundum'' (''CJS''; Latin for 'Second Body of the Law')Legal Research and Writing for Paralegals, Published by Wolters Kluwer and written by Deborah E. Bouchoux is an encyclopedia of United States law at the federal and state levels ... ''Obstructing Justice'' § 63 (footnotes omitted). This is also a crime under statutes of many U.S. states. A 2004 review found that 32 states had a statute "that prohibits, in some form, the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chain Of Custody
Chain of custody (CoC), in legal contexts, is the chronological documentation or paper trail that records the sequence of custody, control, transfer, analysis, and disposition of materials, including physical or electronic evidence. Of particular importance in criminal cases, the concept is also applied in civil litigation and more broadly in drug testing of athletes and in supply chain management, e.g. to improve the traceability of food products, or to provide assurances that wood products originate from sustainably managed forests. It is often a tedious process that has been required for evidence to be shown legally in court. Now, however, with new portable technology that allows accurate laboratory quality results from the scene of the crime, the chain of custody is often much shorter which means evidence can be processed for court much faster. The term is also sometimes used in the fields of history, art history, and archives as a synonym for provenance (meaning the chronolo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Physical Evidence
In evidence law, physical evidence (also called real evidence or material evidence) is any material object that plays some role in the matter that gave rise to the litigation, introduced as evidence in a judicial proceeding (such as a trial) to prove a fact in issue based on the object's physical characteristics. In American law Tampering It is an offense at common law "to tamper with, conceal, or destroy evidence knowing that it may be wanted in a judicial proceeding or is being sought by law enforcement officers."67 Corpus Juris Secundum ''Obstructing Justice'' § 63 (footnotes omitted). This is also a crime under statutes of many U.S. states. A 2004 review found that 32 states had a statute "that prohibits, in some form, the concealment, destruction, or tampering with evidence."John F. Decker, ''The Varying Parameters of Obstruction of Justice in American Criminal Law'', 65 LA. L. Rev. 40, 83-84 (2004). Evidence tampering "generally refers to physical evidence and is not f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parol Evidence Rule
The parol evidence rule is a rule in the Anglo-American common law that governs what kinds of evidence parties to a contract dispute can introduce when trying to determine the specific terms of a contract. The rule also prevents parties who have reduced their agreement to a final written document from later introducing other evidence, such as the content of oral discussions from earlier in the negotiation process, as evidence of a different intent as to the terms of the contract. The rule provides that "extrinsic evidence is inadmissible to vary a written contract". The term "parol" derives from the Anglo-Norman French ''parol'' or ''parole'', meaning "word of mouth" or "verbal", and in medieval times referred to oral pleadings in a court case. The rule's origins lie in English contract law, but has been adopted in other common law jurisdictions; however there are now some differences between application of the rule in different jurisdictions. For instance, in the US, a common ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
