Understanding the Best Evidence Rule in Legal Context
Explore the Best Evidence Rule in legal proceedings, which emphasizes the importance of original writings, photographs, and recordings over testimonies. Learn about its application, violations, exemptions, and examples of breaches and adherence to the rule.
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Presentation Transcript
CHAP. 14: BEST EVIDENCE RULE Prof. JANICKE 2022
APPLIES ONLY TO: WRITINGS PHOTOGRAPHS RECORDINGS 2022 Chap. 14 -- Best Ev. Rule 2
FOR OTHER KINDS OF EVIDENCE: THERE IS NO GENERAL RULE THAT A LAWYER MUST PUT FORTH THE BEST, OR EVEN THE MOST RELIABLE, EVIDENCE 2022 Chap. 14 -- Best Ev. Rule 3
THE BEST EVIDENCE RULE: [RULES 1002 & 1003] ASSIGNED 2022 Chap. 14 -- Best Ev. Rule 4
WHAT VIOLATES THE BEST EVIDENCE RULE: ** A WITNESS TELLING US WHAT THE DOCUMENT SAID, OR WHAT THE PHOTO SHOWED, OR WHAT THE RECORDING CONTAINED! 2022 Chap. 14 -- Best Ev. Rule 5
EXAMPLES OF BREACH OF THE BEST EVIDENCE RULE WITNESS TESTIFYING: MY LEASE PERMITTED PETS WITNESS TESTIFYING: MY DIPLOMA SAYS BACHELOR OF ARTS >> 2022 Chap. 14 -- Best Ev. Rule 6
EXAMPLES OF NO VIOLATION OF THE RULE WITNESS TESTIFYING: I SIGNED A LEASE WITNESS TESTIFYING: I MAJORED IN LIBERAL ARTS IN BOTH CASES, THE WITNESS IS TELLING EVENTS, NOT TELLING THE CONTENT OF A DOCUMENT 2022 Chap. 14 -- Best Ev. Rule 7
EXEMPTIONS FROM THE B.E. RULE RULE 1004 - ASSIGNED 2022 Chap. 14 -- Best Ev. Rule 8
ONE FURTHER CLASS OF EXEMPTIONS [RULE 1007] - ASSIGNED CAN ALWAYS PROVE A DOCUMENT S CONTENTS BY TESTIMONY OF THE ADVERSE PARTY, OR BY HIS WRITTEN ADMISSION (e.g., IN A LETTER) 2022 Chap. 14 -- Best Ev. Rule 9
PROBLEMS/CASES 14E -- The XXX Rated Movies 14F -- Surveillance Photo (film) Meyers -- Testimony About Another Proceeding (transcript available) 2022 Chap. 14 -- Best Ev. Rule 10
