Rule 130; Rules of Admissibility; REVISED RULES ON EVIDENCE [AUDIO CODAL]

Summary

The video script delves into the rules of admissibility in legal proceedings, covering the use of objects, documentary evidence, and the best evidence rule. It also discusses exceptions to the original document rule, secondary evidence, and the admissibility of public records. Furthermore, it explores the interpretation of documents, qualifications of witnesses, disqualifications due to various reasons, and the rules regarding admissions and confessions. The script also touches on testimonial knowledge, opinion rules, and character evidence, providing a comprehensive guide to the legal framework governing the presentation of evidence in court.

Takeaways

• 📜 The script discusses the rules of admissibility of evidence in legal proceedings, focusing on the types of evidence such as real evidence, documentary evidence, and their respective conditions for admissibility.
• 📚 The Best Evidence Rule (Section 3) emphasizes that the original document must be produced unless there are specific exceptions like loss, destruction, or when the original is in the custody of the opposing party.
• 🔍 Original documents are defined in Section 4, highlighting that multiple copies executed at the same time with identical contents are all considered originals, as well as repeated entries in the regular course of business.
• 🚫 Secondary evidence is admissible when the original document is unavailable due to loss, destruction, or when it cannot be produced without bad faith, as outlined in Section 5.
• 📖 Section 6 and 7 discuss the conditions under which secondary evidence can be presented when the original document is in the custody or control of an adverse party or when it is a public record.
• 🗣️ The Parole Evidence Rule (Section 9) states that when the terms of an agreement are in writing, the document is presumed to contain all agreed terms, and no other evidence of such terms is admissible unless specific conditions are met.
• 📝 Interpretation of documents is covered in Section 10 to 16, explaining how to understand the language, the importance of context, and the role of experts in deciphering difficult characters or languages.
• 👥 The script also covers the qualifications and disqualifications of witnesses in Section 20 to 25, including those related to mental capacity, marital relationships, privileged communications, and more.
• 🗣️ Admissions and confessions are detailed in Section 26 to 35, explaining the circumstances under which a party's statement or declaration can be used as evidence against them or others involved in the case.
• 👁️ Hearsay exceptions are outlined in Section 36 to 47, where certain statements made by a person are admissible despite not being based on personal knowledge, such as dying declarations, declarations against interest, and statements made in the course of business.
• 🤔 The Opinion Rule in Section 48 to 51 discusses when a witness's opinion is admissible, particularly for expert witnesses, and the conditions under which character evidence may be presented in both criminal and civil cases.

Q & A

What is the primary requirement for an object to be considered as evidence in a court of law?

An object must be relevant to the fact in issue and may be exhibited, examined, or viewed by the court when it is addressed to the census of the court.

What is the Best Evidence Rule, and when does it apply?

The Best Evidence Rule states that when the subject of inquiry is the contents of a document, no evidence shall be admissible other than the original document itself, except in certain exceptions such as when the original has been lost or destroyed, or cannot be produced without bad faith.

Under what circumstances can secondary evidence be presented in court?

Secondary evidence may be presented when the original document is unavailable due to loss, destruction, or cannot be produced in court without bad faith, or when the original is in the custody or control of an adverse party who fails to produce it after reasonable notice.

What is considered as the 'original' of a document according to the script?

The original of a document includes the one whose contents are the subject of inquiry, documents in two or more copies executed at the same time with identical contents, and entries repeated in the regular course of business, one copied from another at or near the time of the transaction.

How can the contents of a public record be proved in court?

The contents of a public record can be proved by a certified copy issued by the public officer in custody of the original document.

What is the rule regarding the interpretation of a writing according to its legal meaning?

The language of a writing is to be interpreted according to the legal meaning it bears in the place of its execution unless the parties intended otherwise.

When can a general provision in a document be overridden by a particular provision?

A particular provision can override a general one when they are inconsistent, meaning the specific intent will control a general one that is inconsistent with it.

How are terms of a writing presumed to be used, and when can this presumption be challenged?

The terms of a writing are presumed to be used in their primary and general acceptation. However, evidence is admissible to show that they have a local, technical, or otherwise peculiar signification if they were used and understood this way in the particular instance.

What is the rule regarding the testimony of a party who calls for the production of a document?

A party who calls for the production of a document and inspects the same is not obliged to offer it as evidence.

Can an offer of compromise in a civil case be used as evidence against a party?

No, an offer of compromise in a civil case is not an admission of any liability and is not admissible in evidence against the party.

What is the role of expert witnesses in providing opinions on matters requiring special knowledge?

The opinion of an expert witness on a matter requiring special knowledge, skill, experience, or training, which they have shown to possess, may be received in evidence.