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Have the judge take judicial notice of the text, if it is sufficiently notable that the average person would know that it is an authority (for example, Gray's Anatomy [1] [2]). Under the Federal Rules of Evidence 803 (18), either party can introduce a learned treatise as evidence, irrespective of whether it is being used to rebut the opposing ...
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]
The Woozle effect, also known as evidence by citation, [1] occurs when a source is widely cited for a claim that the source does not adequately support, giving said claim undeserved credibility. If results are not replicated and no one notices that a key claim was never well-supported in its original publication, faulty assumptions may affect ...
A recorded recollection (sometimes referred to as a prior recollection recorded), in the law of evidence, is an exception to the hearsay rule which allows witnesses to testify to the accuracy of a recording or documentation of their own out-of-court statement based on their recollection of the circumstances under which the statement was recorded or documented – even though the witness does ...
The party admission, in the law of evidence, is a type of statement that appears to be hearsay (an out of court statement) but is generally exempted (excluded) from the definition of hearsay because it was made by a party to the litigation adverse to the party introducing it into evidence.
For example, if a defendant is charged with a crime involving dishonesty, the defendant may introduce evidence tending to show the defendant's honest character. If the defendant is charged with a violent crime, the defendant may introduce evidence tending to show the defendant's peaceful character.
Often, our pets don’t get to make their own choices, as we decide when they need to go to the vet and when we feed them, for example. So, giving them choices during training sessions can go a ...
Accurate, reliable text transcription is important because the text is the data which becomes the available evidence. If a transcription is wrong, the evidence is altered. If there is failure to transcribe the full text, evidence is once again altered unwittingly. There must be emphasis on the text being the evidence.