Admissibility of evidence in North Carolina

  • 175 Pages
  • 3.32 MB
  • English
Harrison Co. , Norcross, GA
Evidence (Law) -- North Carolina -- Termino


North Car

Statementby Adrienne M. Fox.
LC ClassificationsKFN7940.A68 F69 1988
The Physical Object
Paginationxliv, 175 p. ;
ID Numbers
Open LibraryOL2093277M
LC Control Number88137986

Admissibility of web-based evidence is going to be authentication Once the evidence is authenticated most of the rest of the evidentiary problems are the common problems lawyers face all the time.”). Section 8C(a) of the North Carolina General Statutes (hereinafter G.S.).File Size: KB.

Admissibility of Evidence in North Carolina has been completely revised and updated to comprehensively cover the most important evidentiary topics in North Carolina. Organized by topic, this reference for trial attorneys contains citations to pertinent statutes and cases and practical information on.

North Carolina’s amended Rule (a) essentially embraces this test with the specification of the required conditions of admissibility: (1) a basis of sufficient data or facts; (2) the product of reliable principles and methods; and (3) the product of reliable.

evidence in assessing the admissibility of evidence at a TPR adjudication); see also N.C. EVID. (a) (stating that the rules of evidence apply to all actions and proceedings in the North Carolina courts except as otherwise provided by statute or rule).

The courts have stated that in cases heard by a judge without a jury, it is presumed in the. Relevance is governed by North Carolina Rule of Evidencewhich defines “relevant evidence” as “evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.”File Size: KB.

A Look Around the Country at the Admissibility of Evidence in Drugged Driving Cases. Posted on Policy-makers in North Carolina and elsewhere have attempted to combat the problem by enacting zero-drug-tolerance laws and provisions that prohibit driving with a threshold of a drug or its metabolites in one’s body.

This post will Author: Shea Denning. Knapp-Sanders Building Campus Box UNC-Chapel Hill, Chapel Hill, NC North Carolina a “Daubert state,” the standard for admissibility of expert testimony came from a case called Howerton v. Arai Helmet, Ltd., N.C. ().File Size: KB. The court of appeals recently decided Statea case about the authentication of social media is the first North Carolina appellate case to give careful consideration to the issue, and the opinion sets a relatively low bar for : Jeff Welty.

Consistent with the rules of many states, North Carolina Rule 28(c) included a disqualification for interest provision.

However, unlike most such rules, Rule 28(c) expressly qualifies this provision with “[U]nless the parties agree otherwise by stipulation” in accordance with Rule The New North Carolina Rules of Evidence: Hearsay, Authentication, and the Best Evidence Rule. Article VIII of the North Carolina Evidence Code establishes six rules that govern the admissibility of hearsay.

Rule defines hearsay,' state-ment,2 and declarant,3 and specifies that admissions of a party-opponent are. Chapter 8C. Evidence Code.

Description Admissibility of evidence in North Carolina EPUB

§ 8C Rules of Evidence. The North Carolina Rules of Evidence are as follows: Article 1. General Provisions. Rule Scope. These rules govern proceedings in the courts of this State to the extent and with the exceptions stated in Rule (, ch.s.

1.) Rule Purpose and construction. (a) In Size: KB. North Carolina Evidentiary Foundations brings North Carolina evidence law to life, showing you how to frame foundational questions to gain admission or exclusion of evidence.

The book includes specific lines of questioning, demonstrating courtroom-proven trial techniques that apply North Carolina evidence law. When one side of a case tries to introduce evidence that isn't relevant, material or competent, the other side can ask, before or during trial, to have the evidence suppressed on admissibility grounds.

One area where a motion to suppress is commonly raised is with chain of custody issues where a piece of evidence isn't properly secured from its. North Carolina After Howerton: Reconciling the Ruling with the Rules of Evidence WILLIAM A.

WOODRUFF, J.D.* I. INTRODUCTION The Federal Rules of Evidence, enacted by Congress and gov-erning admissibility of evidence in federal trials sincehave had a significant influence on the development of evidence law at the state : William A.


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Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time. It accomplishes this through a unique combination of features, including: Rules: the complete North Carolina Rules of Evidence is located in a separate section in the front of the book.

Commentary by drafters: The official commentary by the study committees and legislative committees that drafted the North Carolina Rules is located in an.

G.S. 8C Legal Overview. Evidence is “hearsay” if it is a statement (that is, an “assertion,” either oral or written), made by the declarant (i.e., the person who made the statement) at any time or place other than while testifying in court at the current trial or hearing, and the statement is being offered to prove the truth of the matter asserted.

It has been accepted for inclusion in North Carolina Law Review by an authorized editor of Carolina Law Scholarship Repository. For more information, please [email protected] Recommended Citation Walter E. Brock Jr.,Evidence -- Income Tax Returns -- Admissibility, 26N.C.

Rev (). north carolina journal of l-xw & technology 9 nc jolt online ed. 16 () lorraine v. markel: an authoritative opinion sets the bar for admissibility of electronic evidence (except for computer animations and simulations)File Size: KB. Admissibility of Evidence in North Carolina, ed. (North Carolina Practice Series) A reference source for trial attorneys that contains practical information about laying foundations, the examination of witnesses, and objections.

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The Federal case law does not differ substantially from North Carolina law regarding the admissibility of real evidence. Before a party can introduce real evidence, the party must identify the item through witness testimony.

Rules (a) and (b)(1) Fed. Evid. This casebook is designed to engage students with a wide range of learning styles and to explore evidence law from the eyes of an advocate. Through a problem-centered approach that focuses on the gray areas of the Federal Rules of Evidence, students will develop a heightened sensitivity to factual and legal arguments that govern the admissibility of evidence.5/5(2).

Admissibility of evidence in civil proceedingsby Janice McMullen, freelance legal trainer, deputy district judge and civil recorder on the North Eastern CircuitRelated ContentEvidence is fundamental to the outcome of any civil litigation case because, ordinarily, the facts in issue in a case must be proved by evidence, and the judge will decide the case on the evidence.

Jennifer Brobst Publications BOOKS. Admissibility of Evidence in North Carolina. State PracticeMinn.: Thomson Reuters, Criminal.

Admissible evidence, in a court of law, is any testimonial, documentary, or tangible evidence that may be introduced to a factfinder—usually a judge or jury—to establish or to bolster a point put forth by a party to the proceeding.

For evidence to be admissible, it must be relevant and "not excluded by the rules of evidence", which generally means that it must not be unfairly. The section provided for the admissibility under specific circumstances of a statement made by a person in a document, but a computer was not regarded as a person.

The Computer Evidence Act 57 of was thereupon placed on the statute book. A brief update to the Federal Rules of Evidence as contained in the book is available here. If you are a professor teaching in this field you may request a complimentary copy.

Carolina Academic Press • Kent St, Durham NC • () ; Fax () Book Edition: Second Edition. Annotated Rules of North Carolina (annual). Shelved with all copies of General Statutes of North Carolina. North Carolina Rules of Court West, 2 vols. (annual). This commercial publication includes rules for practice in state courts and local federal courts, as well as ethics rules and NC Rules of Civil Procedure and Evidence.

This was the subject of my Continuing Legal Education Class before the Wake County Academy of Criminal Trial Lawyers on March 9, in Raleigh. NCGS Procedures Governing Chemical Analyses; Admissibility; Evidentiary Provisions; Controlled-drinking Programs. (b) “The results of a chemical analysis shall be deemed sufficient.

What you say on Facebook can be used against you in a court of r it’s a divorce proceeding or criminal trial, posts on social networking .Part of the Evidence Commons, Legal Ethics and Professional Responsibility Commons, and the Legal Profession Commons Recommended Citation Robert P.

Mosteller, Admissibility of Fruits of Breached Evidentiary Privileges: The Importance of Adversarial Fairness, Party Culpability, and Fear of Immunity, 81 WASH.

U. L. Q. ().Cited by: 1.North Carolina Lawyer North Carolina General Statutes § 18B Burden of proof and admissibility of evidence The plaintiff shall have the burden of proving that the sale or furnishing of the alcoholic beverage to the underage person, as .