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True Justice Record

      Kinds of proof

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      The full library in alphabetical order, across every area of law.

      Documents From Another Country

      The Apostille and the Countries It Covers

      An apostille is a standardized certificate issued by a designated authority in the country where a document originated, certifying the signature and seal on it. It is recognized without further steps by every other participating country. Where either country is outside the arrangement, the longer consular legalization route applies instead, and the two cannot be mixed.

      6 min readAgency practice

      Opinion That Counts as Evidence

      The Basis of an Opinion, and Its Weak Points

      An opinion rests on material, assumptions and a method, and each of the three is a point at which it can fail. Material may be incomplete or chosen by somebody with an interest in the result, assumptions may be contested facts the decision-maker has yet to resolve, and a method may be sound in general but wrong for this particular question. Attacking the conclusion directly almost never works.

      6 min readCourt rules

      When the Proof Does Not Exist

      The Chain of Small Facts

      A chain of small facts establishes a proposition through the combined effect of items that would each be insufficient alone. Its strength depends on the independence of the items, on each being properly established, and on the whole set being difficult to explain otherwise. Assembled carelessly it is a pile of material; assembled deliberately it is frequently decisive.

      6 min readCourts and agencies

      Documents and What They Prove

      The Difference Between an Original and a Copy

      An original is required only where the contents of a writing, recording or photograph are what is being proved. A duplicate is admissible to the same extent unless a genuine question is raised about authenticity or unless the circumstances make it unfair. Where the original has been lost or destroyed without bad faith, or is beyond reach, other evidence of its contents becomes admissible.

      6 min readCourt rules

      Documents and What They Prove

      The Document That Contradicts the Record

      A conflict between documents is resolved by asking which record was made closest to the event, by somebody in a position to know, for a purpose that made accuracy matter. A later document copying an earlier error is not corroboration. Where the conflict cannot be resolved on those grounds, the honest course is to present both and say which is relied on and why.

      6 min readCourts and agencies

      Who Must Prove It

      The Effect of an Unrebutted Claim

      An unrebutted claim is not automatically accepted. The party carrying the burden still has to satisfy the applicable standard, and a decision-maker may find uncontradicted evidence too vague, too internally inconsistent or too thin to establish what it asserts. Silence from the other side helps considerably and does not substitute for material.

      6 min readCourts and agencies

      Testimony and Credibility

      The Hearsay Problem, Explained Plainly

      A statement made outside the proceeding, offered to prove the truth of what it asserts, is hearsay. Where the same statement is offered for another purpose — to show that it was made, that the hearer was put on notice, or that the speaker was capable of speech — it is not hearsay and no exception is required. The exceptions matter only after the definition is satisfied.

      6 min readCourt rules

      Documents and What They Prove

      The Notary's Role, and Its Limits

      A notary verifies the identity of a person appearing before them and records the act performed: an acknowledgment that a signature is the signer's own, or an oath supporting a sworn statement. The notary does not read the document for content, does not advise on it, and does not certify that it is valid. Almost every complaint against a notary arises from that gap.

      6 min readCourts and agencies

      Who Must Prove It

      The Presumption That Starts a Case

      A presumption directs that one fact be taken as established once another is shown. Some disappear the moment contrary evidence is produced, while others shift the burden of persuasion outright. Which kind is in play determines what an opponent has to do and what remains once they have done it. The basic fact that triggers the mechanism still has to be established in the ordinary way, and attacking that trigger is frequently easier than displacing the conclusion it produces.

      6 min readCourts and agencies

      Testimony and Credibility

      The Witness Who Will Not Come

      Where a witness will not attend, the routes are compulsion, a deposition or recorded evidence, an exception permitting the use of an earlier statement, or proceeding without them. Compulsion works where the witness is within reach and merely reluctant; the hearsay exceptions for unavailable witnesses require the unavailability to be established and defined in a particular way.

      6 min readCourt rules

      Proving Money

      Tracing a Transfer

      Tracing a transfer means documenting every step between the money's origin and its destination, with records from both ends of each movement. Chains break at intermediaries, at cash conversions and at pooled accounts. Building one requires records rather than explanation, and the useful presentation is a dated schedule with a document behind every row.

      6 min readCourts and agencies

      Opinion That Counts as Evidence

      Translation as an Expert Question

      Routine translation is an administrative requirement satisfied by a certificate. Where the meaning of a term is genuinely in dispute, the question becomes one of expertise, and it is answered by evidence about usage, register and legal effect rather than by a better certificate. The two situations call for different witnesses.

      6 min readCourts and agencies