Evidence supports the truth of a claim, while proof supports or disproves a legal claim. Evidence tampering is illegal and involves falsifying, modifying, or amending evidence. Tampering with physical evidence at a crime scene is also illegal. Tampering is often done to change perceptions of past events and can lead to punishments for the innocent […]
Financial audits review a company’s financial statements and data for accuracy and validity. Auditors use analytical procedures, substantive tests of details, and internal control tests to discover irregularities. These tests involve comparisons, financial ratios, review of source information, and collection of information from suppliers and customers. The last set of audit tests is a review […]
The law of evidence governs what can be presented in court to support or undermine a case. Evidence must be relevant, material, and competent to be admissible. There are four main types of evidence: testimonial, documentary, factual, and demonstrative. The rules of evidence vary depending on the level of court and nature of the case, […]
The Best Evidence Rule, originating in 18th century Britain, requires the production of an original document in court unless an exception applies. While still part of US Federal Rules of Evidence, its purpose is obsolete in the digital age, and verifying the authenticity of electronic communication is time-consuming and expensive. The best rule of proof […]
Bloodhounds are the only dogs whose evidence is admissible in US courts due to their exceptional sense of smell, with 230 million olfactory receptors. German Shepherds and Belgian Malinois are also commonly used in law enforcement. Horses are used for crowd control. The bloodhound is the only breed of dog whose evidence is admissible in […]
Law enforcement agencies use various evidence tracking methods, from computer systems to handwritten records. Evidence tracking is crucial for legal and ethical reasons, and systems must record and track evidence as it is collected, moved, and disposed of. Computer systems can tag evidence with barcodes or RFID and interface with cameras. Companies offer computerized evidence […]
Courtroom evidence includes admissible evidence, such as character, exculpatory, defendant, circumstantial, and demonstrative evidence. Character tests cannot prove a person’s actions, while circumstantial evidence supports claims indirectly. Demonstrative evidence includes visual aids to help explain a crime scene. Courtroom evidence typically includes a wide range of different types of admissible evidence that a presiding judge […]
In contract law, written agreements are superior to oral or implied ones. The verbal proof rule can be challenged by extrinsic evidence, such as oral changes or fraud. Ambiguity or fraud can also render a contract unenforceable. It is important to fully understand a contract before signing. There are two main rules to follow when […]
Witness evidence is used in criminal or civil trials, including eyewitness testimony, character witnesses, written affidavits, and expert testimony. Strict legal guidelines must be followed, and evidence may be rejected by the court. Eyewitness testimony is considered direct evidence, while other forms can provide details about the situation. Expert witnesses may be hired by either […]
Circumstantial evidence is indirect evidence that strongly suggests a fact but does not fully prove it. Examples include threatening comments, differential treatment before a crime, suspect behavior after a crime, eyewitness accounts, and forensic evidence. Corroborating evidence is often needed to secure a conviction. Circumstantial evidence is sometimes referred to as indirect evidence. This evidence […]
Trials rely on valid evidence, but issues such as relevance, hearsay, and authentication can prevent important evidence from being heard. Laws governing admissible evidence are necessary but can lead to technicalities and miscarriages of justice. Objectivity and strict enforcement are needed for true justice. Trials are considered the backbone of many modern legal systems. Judges […]
Documentary evidence can be in various forms, including photographs and recordings, and must be original unless there is a valid reason not to. It must be proven authentic and relevant to be presented in court, and opponents can challenge its validity. Examples include contracts, recordings, and communications. Documentary evidence is evidence in the form of […]
Evidence stripping is the intentional or unintentional destruction, alteration, withholding, or concealment of evidence in a legal dispute. It can lead to negative implications and legal consequences, including criminal prosecution and further civil litigation. It can alter the outcome of a legal hearing and be grounds for further legal action. Evidence stripping is the destruction, […]
Evidence storage is crucial in the justice system to prevent tampering. Autopsy, temporary, and long-term storage are used for different types of evidence. A chain of custody ensures authenticity. In many court cases, the evidence gathered is essential to both the defense and the prosecution. Evidence storage is an important part of the justice system, […]
A motion to suppress evidence is a legal tool used to prevent certain information from being presented in a trial. It requires a written filing outlining the evidence and a legal reason for its exclusion. The judge schedules a hearing to discuss the motion, and if granted, the evidence is removed from the registry and […]
Evidence-gathering guidelines dictate how law enforcement agencies may gather evidence to prove a felony or civil wrong. Different rules apply for collection of evidence in criminal and civil trials. In the US, the Fourth Amendment protects against unreasonable searches and seizures, while civil cases follow rules relating to discovery. Evidence-gathering guidelines refer to the legal […]
Court evidence is presented during a trial and can support or discredit a case. Evidentiary rules dictate admissibility, relevance, and fairness. Physical and witness evidence are common types, including documentary, factual, demonstrative, and circumstantial evidence. Court evidence refers to evidence presented in court during a hearing or trial. It can be used to make one […]
The preponderance of evidence is a low standard of proof used in civil trials where the plaintiff must prove that events probably occurred as described. The burden of proof shifts to the defendant if they file a counterclaim. Evidence must have legal force and integrity, and the defendant has the opportunity to examine it. Clear […]
Destruction of evidence is the loss, destruction, or deterioration of material that could provide evidence in a case. It is viewed negatively by the court, but sometimes evidence needs to be destructively tested. Evidence is also routinely destroyed after a set amount of time in closed cases. Destruction of evidence is the loss, complete destruction, […]
The best evidence rule states that only the original evidence can be presented unless there is a legitimate reason why it cannot be used. This rule is complicated when it comes to electronic evidence, but courts can apply it on a case-by-case basis. Digitized evidence can be just as good as the original, and it […]
