Essays on New York Rule of Evidence Coursework

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The paper "New York Rules of Evidence" is a worthy example of coursework on law. Evidence regarding the character of the accused shall not be used to prove that on an occasion, they acted according to their character(s). Nonetheless, if the accuser offers alleged evidence of the pertinent character traits of the accused, then the prosecutor may have to reconsider the case (4512). Evidence pertaining to the character of a witness can be admitted as governed by Rules 4511-4512. Evidence that the accused committed or had committed similar crimes in the past is not admissible before the state and federal courts (Nicholas, 2009).   Evidence of the habits or routines of individuals or organizations can be admitted to prove that they acted according to their routines or habits (rule 4513).

The court can use this evidence irrespective of whether they corroborated, or an eye-witness is present. Citizens and organizations within the United States are subjected to equal rights and privileges based on experience and reason of the state and federal courts as dictated by a federal statute, United States Constitution, and the Supreme Court unless they state otherwise.

It is only in civil cases that the state laws govern privileges regarding defense or claim (Rule 4515). The New York State Law makes independent deliberations (Nicolas, 2009). A witness shall only testify after the introduction of evidence; the evidence must be sufficient to support the claims made. The witness must be of sound mind to make personal testimonies. The State of New York State Country may have to determine the validity of such testimonies (Rule 4517). Admissions made by party-opponent are not considered as hearsay.

Their evidential admissibility results from and adversary system rather than meeting the conditions for the hearsay rule. It is a requirement that authentication should be present for evidence to be regarded as admissible (Nicolas, 2009). Furthermore, authentication is necessary in supporting a finding in a case in the State of New York. The best evidence rule is applicable when a party seeks to prove that the evidence brought in court is satisfactorily based on original entries. Temporary records written on paper are not original books of the business as is stated by this rule (Nicolas, 2009).

In matters regarding judicial notice, the New York Rule of evidence states that the rule applies only to adjudicative facts. The facts presented in the case should not be subject to reasonable dispute. Judicial notice can either be discretionary when not requested or mandatory when it is requested by a party. In this case, the truthfulness of a character is in question; the court has the liberty to call character witnesses to verify this (Nicolas, 2009). It might be in question due to evidence of community reputation or convictions.

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