this post was submitted on 13 Dec 2024
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How did you happen upon and learn it?

Imma add to this as they come up on a show I'm watching

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[–] FrostyCaribou 4 points 4 days ago

The business record exception to hearsay (ORS 40.460). I don't generally use this rule, but when dealing with financial cases with a multitude of documents, it is very useful.

Learned about it at law school and work.

[–] [email protected] 2 points 3 days ago (1 children)

By watching the YSL trial, I learned that in Rico cases in the state of Georgia, hearsay can be introduced if it's between unindicted co-conspirators.

[–] cheese_greater 1 points 3 days ago

Great answer :)

[–] KAYDUBELL 5 points 4 days ago (1 children)

I mean, as a lawyer I had to take the evidence class in law school. Now I use it almost in a daily basis

[–] cheese_greater 3 points 4 days ago* (last edited 4 days ago) (1 children)

Great, please share one and maybe a scenario where you made it work for you :)

[–] bhamlin 1 points 4 days ago (1 children)

Nice try, law student. Take your own notes!

[–] cheese_greater 1 points 4 days ago* (last edited 3 days ago)

Not a law student, more an informal student of law lol. I am interested in law/politics on the side and want to see how people have encountered a niche topic of interest like just about every other of my posts haha

[–] [email protected] 6 points 4 days ago

Innocent until proven guilty beyond a reasonable doubt. Not having an alibi doesn’t prove guilt. The burden of proof is on the prosecutor.

[–] DragonsInARoom 4 points 4 days ago (1 children)

Rule 34 always cite your sources, if in doubt cite

[–] [email protected] 3 points 4 days ago (1 children)

There's a weird phenomeon where if you commit 34 felonies, you become president. I think it's called "trump rule 34"

[–] DragonsInARoom 1 points 4 days ago

Or commit a rule 34 felony and people will forgive you and also give you the reigns of power

[–] [email protected] 4 points 5 days ago

Evidence at rest stays at rest, while evidence in motion stays in motion unless acted upon by an unbalanced force.

[–] FireTower 3 points 4 days ago (1 children)

803 the exception to the rule barring hearsay which swallows the rule nearly whole.

[–] cheese_greater 2 points 4 days ago (1 children)

How did you come to learn this. What is an example of that playing out?

[–] FireTower 4 points 4 days ago

Honestly not sure when. It's kinda an infamous one, it essentially says you can never introduce hearsay as evidence in a federal court because hearsay is unreliable... unless you fall into one of the 23 exceptions. Or you meet one of the two exceptions in FRE 807.

Tbf a lot make good sense and are just about government written records and making sure you don't need to find some government official who retired 10 years ago.

Https://www.law.cornell.edu/rules/fre/rule_803#

[–] spittingimage 2 points 4 days ago

He who smelt it, dealt it.

[–] [email protected] 2 points 5 days ago (1 children)

What do you mean by a rule of evidence? Like something that makes evidence either admissible or inadmissible that people don't take into consideration?

[–] cheese_greater 2 points 4 days ago (1 children)
[–] [email protected] 1 points 4 days ago (1 children)
[–] cheese_greater 2 points 4 days ago (1 children)

No, i'm asking for people to share one that they personally learned and applied at some point in their life.

Its more digestable if people share individual anecdata

[–] [email protected] 1 points 4 days ago

Evidence is not evidence when it is at all up for any questions/interpretation.