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Self-authenticating Document
A self-authenticating document, under the law of evidence in the United States, is any document that can be admitted into evidence at a trial without proof being submitted to support the claim that the document is what it appears to be. Several categories of documents are deemed to be self-authenticating: #Certified copy of public or business records; #Official publications of government agencies; #Newspaper articles; #Trade inscriptions, such as labels on products; #Acknowledged documents (wherein the signer also gets a paper notarized); and #Commercial paper under the Uniform Commercial Code. Although most U.S. states have evidentiary rules similar to the Federal Rules of Evidence, the California Evidence Code diverges significantly from the FRE in that it does not treat trade inscriptions as self-authenticating.See ''Dicola v. White Brothers Performance Prods.''158 Cal. App. 4th 666(2008) (holding that product label was hearsay). This means that if a defendant does not stipul ... [...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] |