149k views
5 votes
Does the best evidence rule require that a specific type of secondary evidence be used to prove the content of a writing, recording, or photograph in the absence of the original?

User Rece
by
8.8k points

1 Answer

4 votes

Final answer:

The best evidence rule generally requires original documentation to prove the content of a writing, recording, or photograph. There is no specific mandate for a particular type of secondary evidence to be used when the original is absent. The admissibility of secondary evidence depends on legal standards, which can vary by jurisdiction.

Step-by-step explanation:

The best evidence rule requires the presentation of original documents as evidence to prove the content of a writing, recording, or photograph. In the absence of the original, secondary evidence may be used, but there is no specific type of secondary evidence that is mandated by the rule.

Instead, the acceptability of secondary evidence depends on the context of the legal issue, the type of document at issue, and the jurisdiction's rules governing such evidence. What is crucial, however, is that the secondary evidence adequately reflects the content of the original document.

Different academic and professional fields have their own standards for what constitutes valid evidence. For instance, historians value primary sources for their authenticity, while scientists may require robust empirical data to support new theories, emphasizing that extraordinary claims require extraordinary evidence. Legal standards, too, require documentary sources to adhere to rules of evidence to be admissible in court. The acceptability of evidence often pivots on the evidence's ability to persuade and the logic of its support for the argument or position presented.

User Jia
by
8.1k points

No related questions found