Search results
Results from the WOW.Com Content Network
(b) Where however the prosecution evidence is such that its strength or weakness depends on the view to be taken of a witness's reliability or other matters which are generally speaking within the province of the jury and where on one possible view of the facts there is evidence upon which a jury could properly come to the conclusion that the defendant is guilty, then the judge should allow ...
However, under Federal Rule of Evidence 801 and the minority of U.S. jurisdictions that have adopted this rule, a prior inconsistent statement may be introduced as evidence of the truth of the statement itself if the prior statement was given in live testimony and under oath as part of a formal hearing, proceeding, trial, or deposition. [2]
Unrepresentative sample; Secundum quid; When referring to a generalization made from a single example, the terms fallacy of the lonely fact, [8] or the fallacy of proof by example, might be used. [9] When evidence is intentionally excluded to bias the result, the fallacy of exclusion—a form of selection bias—is said to be involved. [10]
Handwriting exemplars are used by a document examiner to determine the writing habits of an individual. Ideally, the exemplars will provide an adequate picture of the writer's habits such that a meaningful comparison can be conducted with the questioned material.
The evidential burden is the burden to adduce sufficient evidence to properly raise an issue at court. There is no burden of proof with regard to motive or animus in criminal cases in the United States. The intent surrounding an offense is nevertheless crucial to the elements of the offense in a first-degree-murder conviction. [8]
In the absence of sufficient evidence, drawing conclusions based on induction is unwarranted and fallacious. With the backing of sufficient amounts of the right type of empirical evidence , however, the conclusions may become warranted and convincing (at which point the arguments are no longer considered fallacious).
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 .
In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief).