Questions tagged [rules-of-evidence]
Rules that apply to the admission of evidence in a trial.
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Can a criminal litigator introduce new evidence if it is pursuant to the veracity of a witness?
Obviously there are limits to how much evidence can be presented in court case and an attorney cannot anticipate every possible shred of evidence that he might need.
For example, let's imagine that in ...
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Federal Rules of Evidence 803-6 usage
Is it possible for a document to be self-showing that it's a business document? For example, can you admit a business document (e.g. a packing slip) which clearly is implied that 1) the record must ...
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Is audio recording a promise made by another person legal in the US?
If a person made a promise to do or not to do something, and I'm telling the person that I'm audio recording his verbal promise (because I wanted to use this as evidence in court in case that person ...
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FRE 803 (8) Public Record Usage for Defense
Is it possible to object to the prosecution's use of a document excluded under 803 (8) under hearsay grounds and then introduce it during the defense?
Apologies in advance, as I do not have any trial ...
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Are there lines of reasoning that can only be introduced into a case via an expert witness?
Say some technical question is important to a court case.
One side brings in an expert witness on the subject to testify that the answer is in fact A in their expert opinion.
Is the other side allowed ...
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Blood taken from a suspect for testing
Consider the following hypothetical situation:
A person is arrested and blood is taken from him. In this hypothetical situation, we have:
The person who took the blood
The person who transported the ...
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Legality of threatening perjury
Just to pretext, this question was inspired by a scene in Suits. I know that Suits is not a particularly accurate representation of the legal system, I'm just curious about the legality of a similar ...
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Introducing evidence into trial in the US
How does one introduce evidence into trial? Do all pieces of evidence have to be introduced into trial before trial starts? Can I bring additional evidence on the day of the trial and introduce it on ...
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Request an affidavit "just in case"
Suppose I believe person A to have a certain pattern of behavior. I also believe that person B has direct experience with said behavior. I, as a non-lawyer with no connection to the legal system ...
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What do courtroom "procedural rules" and "rules of evidence" mean in the US?
What do courtroom "procedural rules" and "rules of evidence" mean in the US? Please give some examples of each and how do they relate to each other. Thanks.
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Is McGee v State of Indiana 131.2 cited in The Verdict a complete fiction?
In the 1982 movie The Verdict (and, possibly, in the original novel as well), the respondent's lawyer cites "McGee v State of Indiana, United States 131.2" (at 1:57:10):
The admission of a ...
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Can exclusion of evidence as to a question subject’s past habits and proclivities stand in any other context than that of a complainant’s consent?
If I am accused of drunk and disorderly conducts and my alibi/defence is that I am a teetotaller since the last 10 years and even before that only seldom and very lightly drank, this makes it very ...
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Are evidentiary rules concerning admissibility of observations about a complainant’s habits or character against fundamental rights/precepts?
In many jurisdictions, the criminal standard of proof is, subject to Blackstone’s ratio, “beyond a reasonable doubt.”
Yet some rules such as s276, Canadian Criminal Code, state, simply and plainly, ...
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Is a statement saying that a party committed a crime by a non-benefiting accessory to the crime considered a party-opponent admission?
I was taking an MBE Prep Test for the hell of it, and I found this question's answer to be controversial.
"Several persons together stole a painting from an art museum. One of them, who was the ...
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Can punishments be weakened if evidence was collected illegally?
Suppose police are investigating a burglary case. Under law, COVID-19 contact tracing data can only be used for contact tracing and nothing else. However a team decides to analyze the data anyway to ...
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