Tag: evidence
Can Social Media Posts Like Facebook be Used as Evidence in Court?
Question: My subcontracting company faces a lawsuit claiming a job was not performed to specifications. Unfortunately there are pictures on Facebook showing some of my employees goofing around on the job. I don’t think their pranks are relevant but it doesn’t look good. Can I prevent stupid social media posts […]
Spoliation of Evidence: Penalties Available in Civil Law
Spoliation of evidence occurs when a relevant document or physical evidence is destroyed, altered or intentionally withheld. Courts can impose punitive sanctions against those who damage or destroy evidence. The legal theory holds that a party’s destruction of evidence shows consciousness of wrongdoing or motive to avoid evidence. Spoliation of […]
HE SAID SHE SAID CASES – EVIDENCE & CREDIBILITY
He said she said. People label disputes this way, questioning how cases like this can ever resolve. But, there’s more to it. The question overlooks the reality of court testimony. Courts highly value testimony. Testimony is Evidence in He Said She Said What witnesses say under oath is evidence. Under scrutiny of cross-examination, the […]
Depositions: How To Behave
Oath at Depositions Depositions start out with you being asked to raise your right hand and to swear or affirm that the testimony that you are about to give is truthful and accurate. No brainer. But, I’ve seen people thrown off by the question because they did not expect it. Stenographer The […]
One Person’s Trash – Another Person’s Evidence
Q: How do I keep my trash private? I’m involved in a court suit and my trash disappeared before the trucks came and I don’t think that’s right. A: Get a paper shredder. Once trash is placed outside, there’s no reasonable expectation of privacy. It’s not a pretty picture, but […]
PERSONAL INJURY – Rules of Evidence
Evidence never gets into court without passing the rules of evidence. Courts admit evidence only when it complies with rules, statutes and case law comprising evidence law. Winning a case requires mastery of the rules of evidence. Rules vary from state to state and even from court to court. One reason to have a lawyer, among others, is […]
Personal Injury: Expert Testimony
Heavy impact on the human body can fracture bones. This seems obvious. But, in a court of law, cause and effect and the extent of damages must be supported by expert medical testimony. For example, a passenger in a motor vehicle breaks an arm when the driver looks down to change the […]
