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n. the usefulness of records that provides information about the origins, functions, and activities of their creators (View Citations) ¶The value that attaches to records because of the evidence they contain of organization and function will be called ‘evidential values. …
The burden of proof determines which party is responsible for putting forth evidence and the level of evidence they must provide in order to prevail on their claim. In most cases, the plaintiff (the party bringing the claim) has the burden of proof.
Explain the difference between testimonial evidence and physical evidence. Testimonial evidence is a statement made under oath and it is direct. Physical evidence can be any object or material relevant in a crime an is indirect. -Temperature of an object as the temperature will change with its surroundings to match it.
Testimonial evidence is what is said in court by a competent witness. Physical evidence consists of tangible items that tend to prove some material fact. Physical evidence is generally more reliable due to the fallibility of eyewitness accounts.
Physical evidence is generally much more reliable than testimonial evidence. Case 2.1 illustrates how some convictions are based solely on eyewitness accounts. Note how the defense did indeed challenge the accuracy of the eyewitness accounts, but the court accepted the testimony as fact.
Direct evidence establishes a fact. Examples of direct evidence are eyewitness statements and confessions. Circumstantial evidence, on the other hand, requires that a judge and/or jury make an indirect judgment, or inference, about what happened. Circumstantial evidence often is much more reliable than direct evidence.
A certificate of innocence is a court order conclusively stating that you did not commit the crime for which you were convicted. To start this process, you should either obtain or write a petition to the court asking for a certificate of innocence.
Criminal law cases are only conducted through the criminal court system. In contrast, civil laws deal with the private rights of individuals. Civil laws are applied when an individual has had his or her rights violated or when individuals have disputes with other individuals or organizations.
A judge can set aside a default judgment for the following reasons, among others: Mistake, inadvertence, surprise, or excusable neglect of the party who failed to defend himself in the case. Fraud, misrepresentation, or other misconduct by the party who filed the case.
To ask a court to set aside (cancel) a court order or judgment, you have to file a “request for order to set aside,” sometimes called a “motion to set aside” or “motion to vacate.” The terms “set aside” or “vacate” a court order basically mean to “cancel” or undo that order to start over on a particular issue.