Miscellaneous Flashcards
When is the original document not required under the Best Evidence Rule?
The original is not required, and other evidence of the contents of a writing is admissible if: 1. All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; 2. no original can be obtained by any available judicial process or procedure; 3. the original is in the possession of a party opponent; or 4. the writing is not closely related to a controlling issue.
When is silence treated as an adoptive admission?
An adoptive admission is a statement of another person that a party expressly or impliedly adopts as his own. Silence in response to a statement is considered an adoptive admission if: (i) The person was present and heard and understood the statement; (ii) the person had the ability and opportunity to deny the statement; and (iii) a reasonable person similarly situated would have denied the statement.
