RULES OF EVIDENCE 101

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Bill Arnold

RULES OF EVIDENCE 101

Legg inn av Bill Arnold » 01 nov 2007 23:06:02

Because some on gen-medieval have not the slightest understanding
of the RULES OF EVIDENCE, I will present some cogent thoughts on
*evidence* so that you all will desist in questioning fact, evidence, conclusion,
proof, truth, certainty, et al. Keeping in mind that all this is an academic
exercise, and short of DNA testing, none can swear to the truth and
certainty of a lineage/pedigree, I offer [sources unknown, for now]
the following:

"evidence: any species of proof, or probative matter, legally presented at the
trial of an issue, by the act of the parties and through the medium of witnesses,
records, documents, concrete objects, etc., for the purpose of inducing belief in
minds of the court or jury as to their contention."

BA: for the uninitiated: in scholarship, all the same rules apply except that
it is not in the setting of a jury or judge, but in the setting of books without
debate except by review: in the setting of forums such as this, in which the
FACTS are presented for a case, until the presentation rests, and the challengers
must meet the challenge and if they do not, then the FACTS presented are facts,
per se, and the case in question is proved if the mind of the reader or listener
crosses the threshold to belief. To offset that *belief* it is the duty of the
challengers to challenge FACTS and PROVE WITH EVIDENCE they are NOT facts.

"evidence: all the means by which any alleged matter of fact, the truth of which
is submitted to investigation, is established or disproved."

"evidence: any matter of fact, the effect, tendency, or design of which is to produce
in the mind a persuasion of the existence or nonexistence of some matter of fact."

"evidence: anything perceptible to the five senses constituing 'evidence,' when
submitted to court or jury, if competent."

"evidence: as a part of procedure 'evidence' signifies those rules of law whereby it is
determined what testimony should be admitted and what be rejected in each case,
and what is the weight to be given to the testimony admitted."

"evidence: documents and other exhibits which may properly be submitted to jury
are evidence."

BA: for those who think/feel that some of the true and certain bullies on gen-medieval
are those who set themselves up as judge, jury and prosecutors, I submit that the
true and certain judge and jury are the READERS. Let the presenters have their say,
and challenge their lineages/pedigrees according to the *rules of evidence*!

"evidence: evidence legally and properly introduced is meant by 'evidence.'"

"evidence: exhibits are evidence."

BA: simply put, the Pedigree of Peck in the British Museum Library is an exhibit!

"evidence: facts admitted upon trial of cause become 'evidence.'"

"evidence: facts judicially noticed are equivalent to 'evidence.'"

BA: the Pedigree of Peck in the British Museum Library is a fact, judicially
noticed and equivalent to 'evidence.'!

"evidence: inferences arising under doctrine of 'res ipsa loquitur' is 'evidence.'"

"evidence: opinion of expert is evidence which is to be weighed and considered
like any other evidence."

BA: under the *rules of evidence* an expert's opinion is NO MORE weighty than
any other evidence!

"evidence: reasonable inferences drawn from affirmative facts proven are 'evidence.'"

"evidence: something of substance and relevant consequence."

BA: the Pedigree of Peck in the British Museum Library truthfully and certainly passes
that test!

"evidence: such kinds of proof as may be legally presented at a trial, by the act of
the parties, and through the aid of such concrete facts as witnesses, records or
other documents."

"evidence: that which demonstrates, makes clear, or ascertains the truth of the
very fact or point in issue, either on the one side or on the other."

"evidence: that which furnishes or tends to furnish proof. It is that which brings
to the mind a just conviction of the truth or falehood of any substantive proposition
which is asserted or denied."

"evidence: that which is legally submitted to a jury, to enable them to decide upon
the questions in dispute or issue, as pointed out by the pleadings, and distinguished
from all comment and argument."

BA: hear, hear!!

"evidence: that which tends to produce conviction in the mind as to existence of a fact."

"evidence: that which tends to prove or disprove any matter in question, or to influence
the belief respecting it. Belief is produced by the consideration of something presented
to the mind. The matter thus presented, in whatever shape it may come, and through
whatever material organ it is derived, is evidence."

BA: Sheesh. How HARD is it to understand THAT?

"evidence: the means sanctioned by law of ascertaining in a judicial proceeding the truth
respecting a question of fact."

"evidence: the word signifies, in its original sense, the state of being evident, i.e., plain,
apparent or notorious. But by an almost peculiar inflection of our language, it is applied
to that which tends to render evident or to generate proof."

"evidence: what transpires in jury's presence and what is necesarily obvious to them is
'evidence' if relevant and unprejudicial."

"evidence: whatever is received to establish or disprove an alleged fact."

"evidence: whatever may be given to the jury as tending to prove a case; includes
testimony of witnesses, documents, admissions of parties, etc.."

"evidence: whatever may properly be submitted to a court or jury to elucidate an
issue or prove a case."

"evidence: evidence may be false and of no probative value and so it differs from proof."

"evidence: to 'evidence' means to attest, prove, show clearly, make plain."

Bill
PS
Acknowledgment that the forgoing *rules of evidence* are borrowed for scholarship
purposes only, I will submit the source at the proper time: admitting this is not the
proper time: this post is food for thought, free of the baggage of authority.



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Nathaniel Taylor

Re: RULES OF EVIDENCE 101

Legg inn av Nathaniel Taylor » 02 nov 2007 02:13:51

In article <mailman.851.1193954708.19317.gen-medieval@rootsweb.com>,
Bill Arnold <billarnoldfla@yahoo.com> wrote:

Because some on gen-medieval have not the slightest understanding
of the RULES OF EVIDENCE, I will present some cogent thoughts on
*evidence* so that you all will desist in questioning fact, evidence,
conclusion, proof, truth, certainty, et al. . . .

Has this gentleman met Mr. Tom Tinney, Senior? They would get along
famously. In fact, they should have their own newsgroup.

Nat Taylor
http://www.nltaylor.net

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