|
Digital evidence or electronic evidence is any probative information stored or transmitted in digital form that a party to a court case may use at trial. Image File history File links This is a lossless scalable vector image. ...
The law of evidence governs the use of testimony (e. ...
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). ...
In law and in religion, testimony is a solemn attestation as to the truth of a matter. ...
Documentary evidence is any evidence introduced at a trial in the form of documents. ...
Physical evidence is any evidence introduced in a trial in the form of a physical object, intended to prove a fact in issue based on its demonstrable physical characteristics. ...
Exculpatory evidence is the evidence favorable to the defendant in a criminal trial, which clears or tends to clear the defendant of guilt. ...
To meet Wikipedias quality standards, this article or section may require cleanup. ...
Demonstrative evidence is evidence used to help the fact-finder gain context for the facts of the case. ...
Real evidence is a type of physical evidence and consists of objects that were involved in a case or actually played a part in the incident or transaction in question. ...
For other uses, see Hearsay. ...
Hearsay is a legal term that describes a class of evidence generally disallowed by most courts in the United States. ...
Relevance, in the common law of evidence, is the tendency of a given item of evidence to prove or disprove one of the legal elements of the case, or to have probative value to make one of the elements of the case likelier or not. ...
In the common law, burden of proof is the obligation to prove allegations which are presented in a legal action. ...
In law, to lay a foundation means to provide sufficient evidence of the authenticity and relevance for the admission of the testimony of a witness, documentary evidence, or other piece of evidence. ...
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. ...
Habit evidence is a term used in the law of evidence in the United States to describe any evidence submitted for the purpose of proving that a person acted in a particular way on a particular occasion based on that persons tendancy to reflexively respond to a particular situation...
In the law of evidence, similar fact evidence (or the similar fact principle) establishes the conditions under which factual evidence of past misconduct of accused can be admitted at trial for the purpose of infering that the accused committed the misconduct at issue. ...
Authentication, in the law of evidence, is the process by which documentary evidence and other physical evidence is proven to be genuine, and not a forgery. ...
The chain of custody is a concept in jurisprudence which applies to the handling of evidence and its integrity. ...
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. ...
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. ...
A self authenticating document, under the law of evidence in the United States is any document that can be admitted into evidence at a trial without any proof being submitted to support the claim that the document is what it appears to be. ...
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 article is about witnesses in law courts. ...
In law, competence is conerns the mental capacity of a individual to participate in legal proceedings. ...
Under common law, privilege is a term describing a number of rules excluding evidence that would be adverse to a fundamental principle or relationship if it were disclosed. ...
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. ...
A recorded recollection, in the law of evidence, is a an exception to the hearsay rule which allows a witness 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...
An expert witness is a witness, who by virtue of education, profession, publication or experience, is believed to have special knowledge of his or her subject beyond that of the average person, sufficient that others may officially (and legally) rely upon his opinion. ...
A dead man statute is a statute designed to prevent perjury in a civil case by prohibiting a witness who is an interested party from testifying about communications or transactions with a decedent, unless there is a waiver. ...
Hearsay may refer to: Hearsay in English Law and Hearsay in United States law, a legal principle concerning the admission of evidence through repetition of out-of-court statements HearSay, a British pop group Category: ...
An excited utterance, in the law of evidence, is a statement made by a person in response to a shocking event. ...
In the law of evidence, a dying declaration is testimony that would normally be barred as hearsay but 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. ...
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. ...
Declarations against interest are an exception to the rule on hearsay in which a persons statement may be used, where generally the content of the statement is so predjudicial to the person making it (such as confessing to a crime or admitting liability for a tort) that they would...
A present sense impression, in the law of evidence, is a statement made by a person that conveys their sense of the state of certain things at the time the statement was made. ...
This article is for the legal term Res Gestae. For the article on the record of the accomplishments of the first Roman emperor, Augustus, see the article for Res Gestae Divi Augusti. ...
A learned treatise, in the law of evidence, is a text that is sufficiently authoritiative in its field to be admissible as evidence in a court in support of the contentions made therein. ...
In the law of evidence, an implied assertion is a statement or conduct that infers some fact. ...
A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ...
Not to be confused with torte, an iced cake. ...
This article or section does not cite any references or sources. ...
In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ...
The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ...
The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. ...
For other uses, see Digital (disambiguation). ...
This is a list of significant court cases. ...
In legal parlance, a trial is an event in which parties to a dispute present information (in the form of evidence) in a formal setting, usually a court, before a judge, jury, or other designated finder of fact, in order to achieve a resolution to their dispute. ...
The use of digital evidence has increased in the past few decades as courts have allowed the use of e-mails, digital photographs, ATM transaction logs, word processing documents, instant message histories, files saved from accounting programs, spreadsheets, internet browser histories, databases, the contents of computer memory, computer backups, computer printouts, Global Positioning System tracks, logs from a hotel’s electronic door locks, and digital video or audio files. Wikipedia does not yet have an article with this exact name. ...
10 MP Nikon D200 and a Nikon film scanner The Canon EOS 350D The Canon PowerShot A95 Digital photography is a form of photography that utilizes digital technology to make digital images of subjects. ...
Outdoor ATMs may be free-standing, like this kiosk, or built into the side of banks or other buildings An automatic teller machine, automated teller machine (ATM) or cash machine is an electronic device that allows a banks customers to make cash withdrawals and check their account balances without...
Word processing, in its now-usual meaning, is the use of a word processor to create documents using computers. ...
An instant messenger is a computer application which allows instant text communication between two or more people through a network such as the Internet. ...
It has been suggested that Accounting scholarship be merged into this article or section. ...
A spreadsheet is a rectangular table (or grid) of information, often financial information. ...
A web browser is a software package that enables a user to display and interact with documents hosted by web servers. ...
This article is about computing. ...
The terms storage (U.K.) or memory (U.S.) refer to the parts of a digital computer that retain physical state (data) for some interval of time, possibly even after electrical power to the computer is turned off. ...
For other uses of Backup, see Backup (disambiguation). ...
Printing is an industrial process for reproducing copies of texts and images, typically with ink on paper using a printing press. ...
GPS redirects here. ...
Digital video is a type of video recording system that works by using a digital, rather than analog, of the video signal. ...
This article is about audible acoustic waves. ...
While many courts in the United States have applied the Federal Rules of Evidence to digital evidence in the same way as more traditional documents, courts have noted very important differences. As compared to the more traditional evidence, courts have noted that digital evidence tends to be more voluminous, more difficult to destroy, easily modified, easily duplicated, potentially more expressive, and more readily available. As such, some courts have sometimes treated digital evidence differently for purposes of authentication, hearsay, the best evidence rule, and privilege. In December of 2006, strict new rules were enacted within the Federal Rules of Civil Procedure requiring the preservation and disclosure of electronically stored evidence. A trial at the Old Bailey in London as drawn by Thomas Rowlandson and Augustus Pugin for Ackermanns Microcosm of London (1808-11). ...
The Federal Rules of Evidence (FRE) are the rules that govern the admissibility of evidence in the United States federal court system. ...
For other uses of the terms authentication, authentic and authenticity, see authenticity. ...
Hearsay may refer to: Hearsay in English Law and Hearsay in United States law, a legal principle concerning the admission of evidence through repetition of out-of-court statements HearSay, a British pop group Category: ...
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. ...
This article is about permission granted by law or other rules. ...
The Federal Rules of Civil Procedure (FRCP) govern civil procedure in the United States district courts, or more simply, court procedures for civil suits. ...
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). The law of evidence governs the use of testimony (e. ...
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 record." US v. Vela, 673 F.2d 86, 90 (5th Cir. 1982).
Nevertheless, the "more comprehensive" foundation required by Scholle remains good practice. The American Law Reports lists a number ways to establish the comprehensive foundation. It suggests that the proponent demonstrate "the reliability of the computer equipment", "the manner in which the basic data was initially entered", "the measures taken to insure the accuracy of the data as entered", "the method of storing the data and the precautions taken to prevent its loss", "the reliability of the computer programs used to process the data", and "the measures taken to verify the accuracy of the program". 7 American Law Reports 4th, 8, 2b. In American law, the American Law Reports are a resource used by American lawyers to find a variety of sources relating to specific legal rules, doctrines, or principles. ...
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 to reflect the data accurately, is an ‘original.’" 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. ...
Look up format in Wiktionary, the free dictionary. ...
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. ...
Moreover, courts almost never bar printouts under the best evidence rule. In Aguimatang v. California State Lottery, the court gave near per se treatment to the admissibility of digital evidence stating "the computer printout does not violate the best evidence rule, because a computer printout is considered an ‘original.’" 234 Cal. App. 3d 769, 798. 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. ...
This page includes English translations of several Latin phrases and abbreviations such as . ...
Hearsay Very often an opponent to digital evidence will object to its admission as hearsay. Like documentary evidence, not all digital evidence is hearsay. Hearsay may refer to: Hearsay in English Law and Hearsay in United States law, a legal principle concerning the admission of evidence through repetition of out-of-court statements HearSay, a British pop group Category: ...
In law and in religion, testimony is a solemn attestation as to the truth of a matter. ...
Hearsay may refer to: Hearsay in English Law and Hearsay in United States law, a legal principle concerning the admission of evidence through repetition of out-of-court statements HearSay, a British pop group Category: ...
Documentary evidence is any evidence introduced at a trial in the form of documents. ...
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 ‘statements’ entered into the machine" and was "was generated solely by the electrical and mechanical operations of the computer and telephone equipment." State v. Armstead, 432 So.2d 837, 839 (La. 1983). In law and in religion, testimony is a solemn attestation as to the truth of a matter. ...
Moreover, where the evidence is not offered to prove the truth of the statements, digital evidence is not hearsay. This is the case, for example, with logs of chatroom conversations. While a chatroom log may contain many out of court statements, which would otherwise be hearsay, they may be used for other purposes, including as a party admission. US v. Simpson, 152 F.3s 1241 (10th Cir. 1998). A chat room is an online forum where people can chat online (talk by broadcasting messages to people on the same forum in real time). ...
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. ...
Second, hearsay recognizes a number of exceptions. Most frequently, proponents of digital evidence seek admission under the business records exception. This perhaps is because the definition of business records includes a "data compilation." FRE 803(6). However, obviously not every piece of digital evidence is a business record. Such reliance on the business records exception has had bad results for its proponents. In Monotype Corp. PLC v. International Typeface Corp, the plaintiffs relied on the business records exception to attempt to admit two e-mails as evidence that the defendants had infringed their copyright only to have it excluded by the court. 43 F.3d 443 (9th Cir. 1994). The court noted that the e-mail was not created "in the regular course of [the third party’s] business." The Federal Rules of Evidence (FRE) are the rules that govern the admissibility of evidence in the United States federal court system. ...
A plaintiff, also known as a claimant or complainer, is the party who initiates a lawsuit (also known as an action) before a court. ...
Other proponents have had success with the public records exception, excited utterance, Present sense impression, and the FRE 807—the catch-all. Where digital evidence does not meet one of the other exceptions but has "equivalent circumstantial guarantees of trustworthiness" that hearsay seeks to protect against, a court may apply the catch-all. An excited utterance, in the law of evidence, is a statement made by a person in response to a shocking event. ...
A present sense impression, in the law of evidence, is a statement made by a person that conveys their sense of the state of certain things at the time the statement was made. ...
Books Books on electronic evidence
United States of America:
Michael R Arkfeld, Electronic Discovery and Evidence (Law Partner Publishing, 2003); Adam Cohen and David Lender, Electronic Discovery: Law and Practice (Aspen Publishers, 2003); Brent E Kidwell, Matthew M. Neumeier and Brian D. Hansen, Electronic Discovery (Law Journal Press) Looseleaf; Joan E. Feldman, Essentials of Electronic Discovery: Finding and Using Cyber Evidence (Glasser Legalworks, 2003); Gregory P. Joseph, Modern Visual Evidence, (Law Journal Press) Looseleaf; Jay Grenig and William Gleisner, eDiscovery & Digital Evidence (Thomson-West Publishing, 2005); Michele C.S. Lange and Kristen M. Nimsger, Electronic Evidence and Discovery: What Every Lawyer Should Know (American Bar Association, 2004); Paul R. Rice, Electronic Evidence - Law and Practice (American Bar Association, 2005); Sharon Nelson, Bruce A. Olson and John W. Simek, The Electronic Evidence and Discovery Handbook (American Bar Association, 2006)
Other jurisdictions:
Stephen Mason, Electronic Evidence: Disclosure, Discovery & Admissibility (LexisNexis Butterworths, 2007) covering Australia, Canada, England & Wales, Hong Kong, India, Ireland, New Zealand, Scotland, Singapore, South Africa, United States of America
See also the Digital Evidence Journal
See also The law of evidence governs the use of testimony (e. ...
This article is about permission granted by law or other rules. ...
External links |
Feeds |
Contact