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Encyclopedia > Best evidence rule

The best evidence rule is a rule of evidence in the United States that requires that when writings are introduced as evidence in a trial, the original writing must be produced unless the party can account satisfactorily for its absence. In Federal practice, however, any exact copies of the original carry the same legal weight as the original unless their authenticity is in question. The law of evidence governs the use of testimony (eg. ... A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard. ...

Part of a series on the common law
Relevance
Subsequent remedial measures
Character evidence
Authentication
Judicial notice
Best evidence rule
Ancient document
Witnesses
Competence  · Privilege
Direct examination  · Cross examination
Impeachment  · Expert witnesses
Hearsay (and its exceptions)
Excited utterance
Dying declaration
Party admission
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The term "writing" has been liberally interpreted to include photographs, X-Rays, and films. Image File history File links Legal portal image File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... The law of evidence governs the use of testimony (eg. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... This article needs cleanup. ... A subsequent remedial measure is a term used in the law of evidence (law) in the United States to describe an improvement or repair made to a structure following an injury caused by the condition of that structure. ... 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. ... In computer security, authentication (Greek: αυθεντικός, from authentes=author) is the process by which a computer, computer program, or another user attempts to confirm that the computer, computer program, or user from whom the second party has received some communication is, or is not, the claimed first party. ... Judicial Notice is a rule of evidence that allows a fact to be introduced into evidence if the truth of that fact is so notorious or well known that it is cannot be refuted. ... An ancient document, in the law of evidence, refers to both a means of authentication for a piece of documentary evidence, and an exception to the hearsay rule. ... This page is about witnesses in law courts. ... Competencies represent clusters of skills, abilities and knowledges needed to perform jobs. ... A privilege is an honour, or permissive activity granted by another person or even a government. ... Direct examination (also called examination in chief) is the questioning of a witness by the party who called him or her, in a trial in a court of law. ... In law, cross-examination is the interrogation of a witness called by ones opponent. ... Witness impeachment, in the law of evidence, is the process of calling into question the credibility of an individual who is testifying in a trial. ... An expert witness is a witness, who by virtue of education, or profession, or experience, is believed to have special knowledge of his subject beyond that of the average person, sufficient that others may officially (and legally) rely his opinion. ... Hearsay in its most general and oldest meaning is a term used in the law of evidence to describe an out of court statement offered to establish the facts asserted in that statement. ... An excited utterance, in the law of evidence, is a statement made by a person in response to a shocking event. ... A dying declaration is a term used in the law of evidence to signify that testimony that would normally be barred as hearsay may nonetheless be admitted as evidence in certain kinds of cases because it constituted the last words of a dying person. ... A party admission, in the law of evidence, is any statement made by a declarant who is a party to a lawsuit, which is offered as evidence against that party. ...


The rule applies in two situations:

  1. Where the terms of the writing are legally dispositive in the issue at bar (not collateral documents or issues).
  2. Where the witness's sole knowledge of a fact comes from having read it in the document.

An exception exsists where if the original document is unavailable for reasons other than serious misconduct of the proponent, secondary sources of evidence (e.g. oral testimony) can be used in place of the original.


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Best Western is the largest hotel chain in the world, with nearly 4,000 hotels in nearly 80 countries.
Best Western used to call itself a cooperative membership association, and as such could be seen as a giant co-op.
Best Western Int'l, Inc., 354 N.W.2d 656 (N.D. 1984), in which the North Dakota Supreme Court decided that Best Western was a franchisor and had to comply with the appropriate laws and regulations.
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