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Anecdotal evidence, with a few safeguards, represents the bulk of evidence in court. The legal rigors applied to testimony for it to be considered evidence is that it must be given under oath , that the person is only testifying to their own words and actions, and that someone intentionally lying under oath is subject to perjury .
Since the anecdote here cited is admittedly fictional, it cannot be used as evidence. Since it cannot be used as evidence, there is no evidence and all that is left is just an assertion, thus proof by assertion. This can also be applied to anecdotal evidence with no attributable source, such as urban legends, myths, folk sayings and folklore.
Anecdotal evidence – Evidence relying on personal testimony; Confabulation – Recall of fabricated, misinterpreted or distorted memories (false memory) Forensic psychology – Using psychological science to help answer legal questions; Legal psychology – Psychological research of the law; Mistaken identity – Legal defense
Federal Rule 403 allows relevant evidence to be excluded "if its probative value is substantially outweighed by the danger of unfair prejudice", if it leads to confusion of the issues, if it is misleading or if it is a waste of time. California Evidence Code section 352 also allows for exclusion to avoid "substantial danger of undue prejudice."
In the majority of U.S. jurisdictions, character evidence is inadmissible in civil suits when being used as circumstantial evidence to prove that a person acted in conformity with their character; it is considered to be an unfair basis from which to attempt to prove that an individual behaved in a particular way on a particular occasion. [2]
While anecdotal evidence is typically unscientific, in the last several decades the evaluation of anecdotes has received sustained academic scrutiny from economists and scholars such as Felix Salmon, [1] S. G. Checkland (on David Ricardo), Steven Novella, R. Charleton, Hollis Robbins, [2] Kwamena Kwansah-Aidoo, and others. These academics seek ...
In addition, while the combination of "convincing anecdotal and statistical evidence is potent," [7] anecdotal evidence, by itself, will rarely suffice to justify an affirmative action program evaluated under strict scrutiny. [8]
For instance, reporting on a foreign country or social group may focus on the stereotypical traits that the reader expects, even though they are far from being representative of the whole country or group; such reporting often focuses on the anecdotal. In graphic propaganda, including war posters, this might include portraying enemies with ...