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Simple English definitions for legal terms

best evidence rule

Read a random definition: continuous-representation doctrine

A quick definition of best evidence rule:

The best evidence rule is a legal principle that applies when someone wants to use a document, recording, or photo as evidence in court, but the original is not available. If the original is lost or destroyed, the person must explain why. If the reason is acceptable, they can use a copy of the document instead. However, this rule only applies when someone wants to prove what the document says, not just that it exists. Copies of documents are usually allowed in court, but if someone questions their authenticity, the original must be produced.

A more thorough explanation:

The best evidence rule is a legal principle that applies when a party wants to use a writing, recording, or photograph as evidence in a trial, but the original is not available. In such cases, the party must provide a valid reason why the original is not available. If the court finds the reason acceptable, the party can use secondary evidence to prove the contents of the document.

The best evidence rule only applies when a party seeks to prove the contents of the document sought to be admitted as evidence. For example, if a witness testifies that they made a payment without entering a receipt for the payment into evidence, the best evidence rule does not require the receipt to be entered.

Most information is stored electronically these days, so the original of an electronically stored piece of evidence includes an archive or printout of that information. For instance, if a party would like to enter a series of emails into evidence, they can print out the emails and use the printout as an original for satisfying the best evidence rule.

Duplicates of written, recorded, or photographic evidence are also admissible in court unless a genuine question is raised about the authenticity of the original or it is unfair to admit the duplicates due to the specific circumstances. For example, a party can enter a copy of a lease contract in a landlord-tenant dispute. However, if the opposing party claims that the copy of the lease contract provided is fraudulent, the best evidence rule requires that the original lease contract must be produced in such a scenario.

Whether a proponent has met the requirement for “admitting other evidence of the content of a document” is determined by the court. In a jury trial, however, the jury determines whether an asserted writing, recording, or photograph ever existed, whether another writing, recording, or photograph produced at trial is the original, or whether other evidence of content correctly reflects the content.

Berne Convention | best interests of the child

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KnowledgeableRitzyWasp
18:47
@TruthTheX: praying for your gulc uprising
19:15
Ty me too 🙏
19:15
@Silver: if you want to practice in IL then there’s likely no better school than the in state schools
@SpectacularDefiantMouse: yeah, like condemnedpuffygnome, I'm not really preparing for law school by taking some courses or anything like that. The only way I'm going to be preparing is by getting myself into a rhythm schedule-wise, well enough in advance of the first day of classes, that I think will be necessary for me to do well 1L.
I'm very much not in rhythm now. lol. But I've 3-ish months.
19:55
@Silver: Cost of attendance is what matters. $37K in-state tuition = $47K sticker price with a $10K scholarship elsewhere, $70K sticker with a $40K scholarship is better than either, $40K sticker with a $0 scholarship worse than both.
19:55
(Assuming placement etc. is comparable)
Congrats on Harvard, jb2028. Any reason you applied to A&M but not Texas at Austin? Seems odd.
19:58
@BankruptcyAndRestructuringLawIsCool: Family connection, they gave me a CAS waiver so it was free
Question for the chat about judicial internships (not externships). My understanding is that judicial internships (as opposed to externships) during the summer are unpaid. How, then, do people who get them pay living expenses during the summer? Do they just make loans stretch for 12 months when they're only meant for 9? I heard that some people supplement the internship with, e.g., a research assistant position with a law professor. But would such a person both do the internship and the RA position at the same time? And if so, is that too much work or feasible?
I don't know what the workload is really like for judicial internships and RA positions.
Also curious what other things people might do to supplement an unpaid judicial internship over the summer with something paid.
20:20
@BankruptcyAndRestructuringLawIsCool: Many schools will provide some type of stipend for unpaid summer roles with a public interest employer (defined broadly, often includes any gov or judicial job)
Right, I thought so. At BU, though, it appears that what's called BU's public interest project grant is not available to supplement judicial internships. And I think its public service summer funding is also limited. Oh well.
21:13
@BankruptcyAndRestructuringLawIsCool: FWIW they allude to some type of funding ("BU Law has implemented separate funding sources for judicial interns") in this packet https://www.bu.edu/law/files/2023/11/Public-Service-Summer-Funding-Applicant-Packet-2024.pdf
21:13
Although they don't give details, and as you note they don't guarantee funding to everyone (which is in line with other $ they offer, e.g. the LRAP)
21:14
Anyone know how hard it is to do pro bono work as a 1L for judges or fed gov in general in the D.C. market
21:14
Idk much about pro bono opportunities period but thinking I wanna try to get some work experience as soon as humanly possible
21:14
When I begin law school I mean
21:15
Lines up with BU's limited endowment: $81K per student a few years ago, i.e., enough to support a payout of about $3,250 per student per year at a 4% payout rate https://leiterlawschool.typepad.com/leiter/2022/05/per-student-value-of-law-school-endowments-2021.html
21:17
Seems like they're trying to compete with other schools on program headlines (we fund X, Y, and Z and we have an LRAP) but the endowment can't really support that, so they have all these programs but don't guarantee funding. Would not rely on that if you have alternatives.
Thanks for those links. I'll give the public service summer funding information packet, in particular, a careful read. But yeah, your takeaway seems right.
KnowledgeableRitzyWasp
22:33
i could really use some fried chicken right now
KnowledgeableRitzyWasp
22:34
kfc or popeyes
KnowledgeableRitzyWasp
22:34
or korean with gochujang
KnowledgeableRitzyWasp
22:35
i might order some gochujang sauce on amazon and cook some air fried chicken breast filets, they’re really good
KnowledgeableRitzyWasp
22:35
just letting you guys know :)
0:14
Where I can find the definition of the false-endowment?
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