Professional Documents
Culture Documents
Relevancy
1. End litigation
Judicial Notice
1. Convenience and expediency
2. Save time, labor and expense of obtaining evidence
Best Evidence Rule
1. Prevent fraud/mistake
2. Protect against misleading inferences
3. Avoid risk of entrusting to somebodys copy the words
of a document
Parol Evidence
1. Presume that they made the writing the only
repository and memorial of the truth
2. Give stability to written agreements
3. Remove temptation and possibility of perjury
4. Written instrument is more reliable and accurate than
human memory for purposes of establishing the terms
of agreement
5. Spoken words are notoriously unreliable
Marital Disqualification
1. Identity of interests
2. Consequent danger of perjury
3. Guard the security and confidence of private life
4. Danger of punishing one spouse through the hostile
testimony of another
Dead Mans Statute
1. Guard against temptation to giving false testimony on
the part of the surviving party
2. Put parties upon terms of equality in regard to giving
testimony
3. Designed to close the lips of the plaintiff when death
has closed the lips of the defendant
Marital Privilege
Admission by Silence
1. He who is silent appears to consent
2. Failure to deny what is asserted in the presence of a
party is an implied admission of truth of statement
Unadmissibility of Character
1. Compel to meet changes of which inducement gives
him no information and confuses defense
2. Person may not always act in conformity with his
character
3. Modes of life may change
4. A man may be a notorious criminal but he may still be
innocent of the crime charged on trial
5. Defendant is entitled to be tried only for the crime
charged now
Hearsay
1. Lack the trustworthiness and reliability
2. Not given under oath
3. Not subjected to cross examination
4. Not proof of the fact in question, but merely shows
what another person has said as to such fact
Dying Declaration
1. Necessity death makes it impossible for him to take
the witness stand
2. Trustworthiness not prone to invent a story
Declaration Against Interest
1. Necessity only mode of proof available
2. Trustworthiness
3. Men will not falsify to their pecuniary prejudice
4. Persons do not make statement disadvantageous to
them without substantial reason to believe that they
are true
Pedigree
1. Natural expression of persons who must know the
truth
2. Necessity many years ago and known only to few
persons
1. Public policy
2. Raise collateral issues
3. May confuse or mislead the court, prolonging the trial
Ancient Documents Rule
1. Common convenience
2. Great difficulty of proving the due execution of a deed
Public documents as evidence
1. Necessity practical impossibility of requiring the
officials attendance
2. Trustworthiness sense of official duty; publicity of
record; presumption of regularity
Irremovability of public record
1. Removal would make it impossible for the time being
for others to use the records
2. Constant additional wear and tear upon the document
3. No legal means of obtaining the document
4. Records cannot be transferred from place to place to
serve a private purpose
5. Delay and hinder the official use of the files
Offer of Evidence
1. TO show the court the relevance of the testimony
2. To inform the court what the party making the offer
intends to prove so that the court may rule
intelligently upon the objections
3. (For purpose) To prevent evidence, which is admissible
only for one purpose, from being inserted into the
record for consideration of the court, surreptiously or
clandestinely for another purpose
Exclusion of Witness
1. To elicit the truth
2. To prevent the collusion and concert of testimony
among witnesses
3. To prevent the testimony of one witness from being
influenced by that of another
Objection
1. Fair and workable administration of exclusionary rules
of evidence when judge is promptly informed
2. (Timely objection) To stop an answer to a question put
to a witness, or to prevent the recipient of a document
in evidence until the court has ruled as to its
admissibility
Similar Acts