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Series

Faculty Publications

Evidence

Best Evidence

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Best Evidence Rule, Paul C. Giannelli Jan 1991

Best Evidence Rule, Paul C. Giannelli

Faculty Publications

No abstract provided.


The Best Evidence Principle, Dale A. Nance Jan 1988

The Best Evidence Principle, Dale A. Nance

Faculty Publications

This Article challenges the premises underlying the reasoning in decisions like Gonzales-Benitez. The point is not that the appellants in that case should have prevailed, but simply that the court's treatment of their argument was inadequate. The court should have considered whether the trial court had and abused a discretion to deny admission of the testimony pursuant to a general best evidence principle. At the very least, the court should have justified its implicit assumption that the phrase ‘best evidence’ could only refer, in the context of this case, to the original document rule.