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Evidence
Evidence in its broadest sense includes anything that is used to determine or demonstrate the truth of an assertion. Philosophically, evidence can include propositions which are presumed to be true used in support of other propositions that are presumed to be falsifiable. The term has specialized meanings when used with respect to specific fields, such as policy, scientific research, criminal investigations, and legal discourse.
Postmodern thought, such as research undertaken within the philosophy department of University of North Carolina, Chapel Hill, theorises evidence as a commodity. The most immediate form of evidence available to an individual is the observations of that person's own senses. For example an observer wishing for evidence that the sky is blue need only look at the sky. However this same example illustrates some of the difficulties of evidence as well:
- someone who was blue-yellow color blind, but did not know it, would have a very different perception of what color the sky was than someone who was not. Even simple sensory perceptions (qualia) ultimately are subjective; guaranteeing that the same information can be considered somehow true in an objective sense is the main challenge of establishing standards of evidence.
- there is also the question of what is meant by 'blue', and how we measure it. (If determined by a particular wave-length of colour - then how do we actually measure this?)
- there is also the question of how evidence 'translates' e.g. is 'blau' in German universally translated as 'blue' in English: Germans may have different words for different parts of the spectrum; thus 'evidence' is a social construction.
Evidence Discovered of Prosecutor Wanting to Downplay Evidence in Innocent Man's trial
From jacksonville.com: Only weeks before Chad Heins' murder trial in 1996, a Jacksonville prosecutor sent a memo asking a state crime lab supervisor to downplay findings that stray hairs found on the victim's body came from an unknown person...
"Preponderance of the Evidence" Instead of "Competent Substantial Evidence" Standard Applies in Determining Estoppel
Branham v. TMG Staffing, decided on 6/18/2008, is another case involving whether the employer is estopped from asserting the statute of limitations as a defense to a claim where it allegedly failed to mail to the claimant the informational brochure mandated by §440...
In absence of evidence in record, trial court's judgment is presumed to be supported by the evidence
In Prescott v. Prescott, [Ms. 2070638] (Ala. Civ. App. Oct. 10, 2008), the Court of Civil Appeals affirmed the trial court's judgment on a child custody modification issue...
NRC report on forensic evidence casts further doubt on reliability of lab evidence
In deciding the Melendez-Diaz case, the Supreme Court should not give any weight to whether lab reports are reliable; the essence of Crawford is to make this factor irrelevant...
Court Orders Adverse Inference for Failure to Preserve Evidence following Notice that such Evidence May Have Been Relevant in Future Litigation
KCH Servs., Inc. v. Vanaire, Inc., 2009 WL 2216601 (W.D. Ky. July 22, 2009)
Plaintiff moved the court for default judgment, sanctions, or an adverse inference instruction based on defendant Vanaire's spoliation of evidence, including the deletion of software and electronically stored information ('ESI') from its computers...
"The principal issue in this appeal is whether evidence of who the defendant is ('identity-related evidence'), obtained after an unconstitutional search and seizure, is suppressible in a criminal prosecution."
"The principal issue in this appeal is whether evidence of who the defendant is ('identity-related evidence'), obtained after an unconstitutional search and seizure, is suppressible in a criminal prosecution...
Can my employer threaten me with termination if I don't seek a transfer to another department?
In many jurisdictions, employees are "at will". This means that their employmen...
How can a sexual harrasment case be dismissed even with evidence?
American law has very strict evidence requirements that are intended to insure t...
Is an email from an attorney admissable evidence in court (NY)?
First of all these writings from your attorney would be considered confidential ...
What can I do about someone threatning to kill me?
Take this evidence to the police. Your neighbours have committed a criminal offe...
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Can my employer threaten me with termination if I don't seek a transfer to another department?
In many jurisdictions, employees are "at will". This means that their employmen...
How can a sexual harrasment case be dismissed even with evidence?
American law has very strict evidence requirements that are intended to insure t...
Is an email from an attorney admissable evidence in court (NY)?
First of all these writings from your attorney would be considered confidential ...
What can I do about someone threatning to kill me?
Take this evidence to the police. Your neighbours have committed a criminal offe...
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