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evidence

A Wisdom Archive on evidence

evidence

A selection of articles related to evidence

We recommend this article: evidence - 1, and also this: evidence - 2.
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evidence, Evidence

ARTICLES RELATED TO evidence

evidence: Encyclopedia II - Digital evidence - Best evidence rule

Digital evidence is almost never in a format readable by humans. As such, another step is required for admitting any digital document into evidence. Conceptually, any additional step creates a new document, which might otherwise not qualify under the "best evidence rule". However, the Federal Rules of Evidence rule 1001(3) states "if data are stored in a computer…, any printout or other output readable by sight, shown ...

See also:

Digital evidence, Digital evidence - Authentication, Digital evidence - Best evidence rule, Digital evidence - Hearsay, Digital evidence - Privilege

Read more here: » Digital evidence: Encyclopedia II - Digital evidence - Best evidence rule

evidence: Encyclopedia II - Digital evidence - Authentication
As with any evidence, the proponent of digital evidence must lay the proper foundation. Courts largely concerned themselves with the reliability of such digital evidence. As such, early court decisions required that authentication called "for a more comprehensive foundation." US v. Scholle, 553 F.2d 1109 (8th Cir. 1976). As courts, like society, became more familiar with digital documents, they backed away from the higher standard. Courts have since held "computer data compilations… should be treated as any other re ...

See also:

Digital evidence, Digital evidence - Authentication, Digital evidence - Best evidence rule, Digital evidence - Hearsay, Digital evidence - Privilege

Read more here: » Digital evidence: Encyclopedia II - Digital evidence - Authentication

evidence: Encyclopedia II - Digital evidence - Hearsay

Very often an opponent to digital evidence will object to its admission as hearsay. Like documentary evidence, not all digital evidence is hearsay. First, there is some digital evidence which is not hearsay at all. Hearsay is a "statement, other than one made by the declarant while testifying at the trial… offered in evidence to prove the truth of the matter asserted." A declarant is a person. Therefore, courts have held that digital evidence is not hearsay when it is "the by-product of a machine operation which uses for its input â ...

See also:

Digital evidence, Digital evidence - Authentication, Digital evidence - Best evidence rule, Digital evidence - Hearsay, Digital evidence - Privilege

Read more here: » Digital evidence: Encyclopedia II - Digital evidence - Hearsay

evidence: Encyclopedia - Corroborating evidence

Corroborating evidence is evidence that tends to support a proposition that is already supported by some evidence. For example, W, a witness, testifies that she saw X drive his automobile into a green car. Y, another witness, testifies that when he examined X's car later that day he noticed green paint on its fender. For more information on this type of reasoning see casuistry. Another type of corroborating evidence comes from using the Baconian method, i.e. the method of agreement ...

Read more here: » Corroborating evidence: Encyclopedia - Corroborating evidence

evidence: Encyclopedia - Circumstantial evidence

Circumstantial evidence is indirect evidence. Circumstantial evidence is the result of combining seemingly unrelated facts that, when considered together, can be used to infer a conclusion. Circumstantial evidence is usually a theory, supported by a significant quantity of corroborating evidence. Circumstantial evidence - Law. Circumstantial evidence is used in criminal courts to establish guilt or innocence through reasoning. The distinction between direct and circumstantial evidence i ...

Including:

Read more here: » Circumstantial evidence: Encyclopedia - Circumstantial evidence

evidence: Encyclopedia - Character evidence

Character evidence is a term used in the law of evidence in the United States to describe any testimony or document submitted for the purpose of proving that a person acted in a particular way on a particular occasion based on the character or disposition of that person. There are three ways that such evidence might be presented in a court of law: Testimony as to prior bad acts by the individual Witness's own opinion as to the character of the individual

  • Including:

    Read more here: » Character evidence: Encyclopedia - Character evidence

  • evidence: Encyclopedia - Best evidence rule

    The best evidence rule is a common law rule of evidence which can be traced back at least as far as the 18th century. In Omychund v Barker (1745) 1 Atk, 21, 49; 26 ER 15, 33, Lord Harwicke stated that no evidence was admissible unless it was "the best that the nature of the case will allow". The general rule is that secondary evidence, such as a copy or facsimile, will be not be admissible if an original document is available. The rationale for the best evidence rule can be understood from the context in which it arose: ...

    Including:

    Read more here: » Best evidence rule: Encyclopedia - Best evidence rule

    evidence: Encyclopedia - Anecdotal evidence

    Anecdotal evidence is a term used for evidence given that falsely supports a conclusion, given in an anecdote. The evidence given isn't wrong, the implied support is lacking. Usually the data proves something, just not what the anecdote claims. The claim might not even be wrong, just the implied support. The data, given as an anecdote, is usually irrefutable because of personal or well-known public nature. The support lacks connection. Example: Smoking doesn't cause lung cancer, "My grandmother lived to 95, smoked constantly, a ...

    Including:

    Read more here: » Anecdotal evidence: Encyclopedia - Anecdotal evidence

    evidence: Encyclopedia II - Circumstantial evidence - Law

    Circumstantial evidence is used in criminal courts to establish guilt or innocence through reasoning. The distinction between direct and circumstantial evidence is important because, with the obvious exceptions (the immature, incompetent, or mentally ill), nearly all criminals are careful to not generate direct evidence, and try to avoid demonstrating criminal intent. Therefore, to prove the mens rea levels of "purposely" or "knowingly," the prosecution must usually resort to circumstantial evidence. The same goes for tortfeasors in tort law, if one needs to prove a hig ...

    See also:

    Circumstantial evidence, Circumstantial evidence - Law, Circumstantial evidence - Science, Circumstantial evidence - Social Studies

    Read more here: » Circumstantial evidence: Encyclopedia II - Circumstantial evidence - Law

    evidence: Encyclopedia II - Evidence of evolution - Evidence from palaeontology

    When organisms die, they are often decomposed rapidly or consumed by scavengers, leaving no permanent evidences of their existence. Occasionally, some organisms become preserved in some ways. The preserved remains or traces of organisms from a past geological age embedded in rocks by natural processes are called fossils. They are extremely important as they provide direct evidence of evolution and detailed information on the evolutionary history of life on Earth. Palaeontology is the study of past life on the Earth based on fossil records an ...

    See also:

    Evidence of evolution, Evidence of evolution - Evidence from palaeontology, Evidence of evolution - Fossil records, Evidence of evolution - Evolutionary development of modern horse, Evidence of evolution - Limitations, Evidence of evolution - Living fossils, Evidence of evolution - Evidence from comparative anatomy, Evidence of evolution - Homologous structures and divergent adaptive evolution, Evidence of evolution - Analogous structures and convergent evolution, Evidence of evolution - Vestigial organs, Evidence of evolution - Evidence from geographical distribution, Evidence of evolution - Evidence from comparative embryology, Evidence of evolution - Evidence from comparative physiology and biochemistry, Evidence of evolution - Serological studies, Evidence of evolution - Evolution of widely distributed proteins

    Read more here: » Evidence of evolution: Encyclopedia II - Evidence of evolution - Evidence from palaeontology

    evidence: Encyclopedia II - Character evidence - Criminal trials

    In criminal trials, the defendant may always introduce opinion evidence or reputation evidence to prove that they did not commit the crime of which they are accused. However, if a criminal defendant does introduce such evidence, the prosecution may then counter this with evidence of the defendant's bad character. The defendant cannot introduce evidence of specific good acts to show that he did not commit a bad act. When someone other than the defendant testifies as to the defendant's good character, the prosecution may ask if the witn ...

    See also:

    Character evidence, Character evidence - Civil trials, Character evidence - Criminal trials, Character evidence - Distinguished from habit evidence

    Read more here: » Character evidence: Encyclopedia II - Character evidence - Criminal trials

    evidence: Encyclopedia II - Federal Rules of Evidence - History

    Prior to the adoption of the Federal Rules of Evidence in 1975, the federal system relied primarily on case law, or non-codified common law, for rules of evidence. While some states had codified rules of evidence prior to 1975, a majority also used common law rules. The FRE were inspired in part by 1) the drafting of the Uniform Rules of Evidence in the 1950s, 2) the success of the Federal Rules of Civil Procedure since their 1938 adoption, and ...

    See also:

    Federal Rules of Evidence, Federal Rules of Evidence - History, Federal Rules of Evidence - Purpose, Federal Rules of Evidence - Structure

    Read more here: » Federal Rules of Evidence: Encyclopedia II - Federal Rules of Evidence - History

    evidence: Encyclopedia II - Character evidence - Civil trials

    Character evidence is generally inadmissible in civil suits, because 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. However, there are specific instances in which this kind of evidence is admissible. In particular, when an individual claims to have good character (particularly when a witness claims to be honest or peaceful), the opposing side can rebut this claim by intr ...

    See also:

    Character evidence, Character evidence - Civil trials, Character evidence - Criminal trials, Character evidence - Distinguished from habit evidence

    Read more here: » Character evidence: Encyclopedia II - Character evidence - Civil trials

    evidence: Encyclopedia II - Evidence law - Witnesses

    In common law systems, all evidence must be introduced by or through a witness, who has been sworn under oath. The law of evidence governs the different types of inquiries that may be made on direct examination and cross-examination of witnesses, as well as the various issues of privileges and competence. A privilege, in the law of evidence, refers to a situation where persons can refuse to testify based on the confidential relationship in which the communication took place. The most commonly invoked are the spousal privilege, ...

    See also:

    Evidence law, Evidence law - Relevance and related social policy concerns, Evidence law - Presence or absence of a jury, Evidence law - Authentication, Evidence law - Witnesses, Evidence law - Hearsay, Evidence law - Burdens of proof, Evidence law - Evidentiary rules stemming from other areas of law, Evidence law - Evidence as an area of study

    Read more here: » Evidence law: Encyclopedia II - Evidence law - Witnesses

    evidence: Encyclopedia II - Evidence of evolution - Evidence from comparative physiology and biochemistry

    Evidence of evolution - Serological studies. Evidence of evolution - Evolution of widely distributed proteins. ...

    See also:

    Evidence of evolution, Evidence of evolution - Evidence from palaeontology, Evidence of evolution - Fossil records, Evidence of evolution - Evolutionary development of modern horse, Evidence of evolution - Limitations, Evidence of evolution - Living fossils, Evidence of evolution - Evidence from comparative anatomy, Evidence of evolution - Homologous structures and divergent adaptive evolution, Evidence of evolution - Analogous structures and convergent evolution, Evidence of evolution - Vestigial organs, Evidence of evolution - Evidence from geographical distribution, Evidence of evolution - Evidence from comparative embryology, Evidence of evolution - Evidence from comparative physiology and biochemistry, Evidence of evolution - Serological studies, Evidence of evolution - Evolution of widely distributed proteins

    Read more here: » Evidence of evolution: Encyclopedia II - Evidence of evolution - Evidence from comparative physiology and biochemistry

    evidence: Encyclopedia II - Federal Rules of Evidence - Purpose

    Rule 102 of the FRE, titled "Purpose and Construction", states, "[t]hese rules shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined." Thus, according to rule 102, the purposes of the FRE can be summed up i ...

    See also:

    Federal Rules of Evidence, Federal Rules of Evidence - History, Federal Rules of Evidence - Purpose, Federal Rules of Evidence - Structure

    Read more here: » Federal Rules of Evidence: Encyclopedia II - Federal Rules of Evidence - Purpose

    evidence: Encyclopedia II - Evidence-based medicine - Limitations of available evidence

    It is recognised that not all evidence is made accessible, that this can limit the effectiveness of any approach, and that effort to reduce various publication and retrieval biases is required. Failure to publish negative trials is the most obvious gap, and moves to register all trials at the outset, and then to pursue their results are underway. Changes in publication methods, particularly related to the Web should reduce the difficulty of getting a paper on a trial that concludes ...

    See also:

    Evidence-based medicine, Evidence-based medicine - Overview, Evidence-based medicine - History, Evidence-based medicine - Qualification of evidence, Evidence-based medicine - Categories of recommendations, Evidence-based medicine - Limitations of available evidence, Evidence-based medicine - Criticism of evidence-based medicine, Evidence-based medicine - Note

    Read more here: » Evidence-based medicine: Encyclopedia II - Evidence-based medicine - Limitations of available evidence

    evidence: Encyclopedia II - Evidence-based medicine - Qualification of evidence

    Systems to stratify evidence by quality have been developed, such as this one by the U.S. Preventive Services Task Force: Level I: Evidence obtained from at least one properly designed randomized controlled trial. Level II-1: Evidence obtained from well-designed controlled trials without randomization. Level II-2: Evidence obtained from well-designed cohort or case-control analytic studies, preferably from more than one center or research group. Level II-3: Evidence obtained from multiple time series w ...

    See also:

    Evidence-based medicine, Evidence-based medicine - Overview, Evidence-based medicine - History, Evidence-based medicine - Qualification of evidence, Evidence-based medicine - Categories of recommendations, Evidence-based medicine - Limitations of available evidence, Evidence-based medicine - Criticism of evidence-based medicine, Evidence-based medicine - Note

    Read more here: » Evidence-based medicine: Encyclopedia II - Evidence-based medicine - Qualification of evidence

    evidence: Encyclopedia II - Indian Evidence Act - Importance

    The enactment and adoption of the Indian Evidence Act was a path-breaking judicial measure introduced in India, which changed the entire system of concepts pertaining to admissibility of evidences in the Indian courts of law. Up to that point of time, the rules of evidences were based on the traditional legal systems of different social groups and communities of India and were different for different persons depending on his or her caste, religious faith and social position. The Indian Evidence Act removed this anomaly and differentiation, and introduce ...

    See also:

    Indian Evidence Act, Indian Evidence Act - Importance, Indian Evidence Act - The Act, Indian Evidence Act - Applicability, Indian Evidence Act - External link

    Read more here: » Indian Evidence Act: Encyclopedia II - Indian Evidence Act - Importance

    evidence: Encyclopedia II - Evidence-based medicine - Criticism of evidence-based medicine

    Critics of evidence-based medicine maintain that good evidence is often deficient in many areas, that lack of evidence and lack of benefit are not the same, and that the more data are pooled and aggregated, the more difficult it is to compare the patients in the studies with the patient in front of the doctor, i.e. EBM applies to populations, not necessarily to individuals. In The limits of evidence-based medicine, Tonelli argues that "the knowledge gained from clinical research does not directly answer the primary clinical question of what is best for the patient at hand." Tonelli suggests that ...

    See also:

    Evidence-based medicine, Evidence-based medicine - Overview, Evidence-based medicine - History, Evidence-based medicine - Qualification of evidence, Evidence-based medicine - Categories of recommendations, Evidence-based medicine - Limitations of available evidence, Evidence-based medicine - Criticism of evidence-based medicine, Evidence-based medicine - Note

    Read more here: » Evidence-based medicine: Encyclopedia II - Evidence-based medicine - Criticism of evidence-based medicine

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    Evidence
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    related to
    Evidence



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