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The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision.
After a long delay blamed on the Watergate scandal, the FRE became federal law on January 2, 1975, when President Ford signed An Act to Establish Rules of Evidence for Certain Courts and Proceedings, Pub. L. 93–595, 88 Stat. 1926. [2] The law was enacted only after Congress made a series of modifications to the proposed rules.
The best evidence rule is a legal principle that holds an original of a document as superior evidence. The rule specifies that secondary evidence, such as a copy or facsimile , will be not admissible if an original document exists and can be obtained. [ 1 ]
The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty.Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must present compelling evidence to the trier of fact (a judge or a jury).
In forensic science, Locard's principle holds that the perpetrator of a crime will bring something into the crime scene and leave with something from it, and that both can be used as forensic evidence. Dr. Edmond Locard (1877–1966) was a pioneer in forensic science who became known as the Sherlock Holmes of Lyon, France. [1]
Evidence law in the United States – sets forth the areas of contention that generally arise in the presentation of evidence in trial proceedings in the U.S.
In law, a question of law, also known as a point of law, is a question that must be answered by a judge and can not be answered by a jury. [1] Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence as well as inferences arising from those facts. Answers to questions of law are generally ...
The case law that establishes this is Briginshaw v Briginshaw, which is the fifth most cited decision of Australia's High Court. [43] The case has since been incorporated into the uniform evidence law. [44] The Briginshaw principle was articulated by Dixon in that case in these terms: [45]