what sources of evidence does a family lawyer use

When lawyers refer to “writings,” they’re talking about a host of documentation types: photographs, emails, letters, words, pictures, and such. These documents can be crucial to a family law case. Perhaps you have bank statements proving you gave financial assistance when your spouse says you didn’t.

Full Answer

What are the sources of evidence in law?

Thus, the sources of evidence are the wellsprings that give rules of evidence, even the logical ones, force of law. What are the Sources of Evidence Law? The sources of evidence in Nigeria are: the Constitution, the Evidence Act, Case law, Customary law and to a lesser extent, the Received English law.

Does knowledge of the rules of evidence help in family law?

The fact is, that it most often does. Even when we are in front of a judge who has a more informal approach (allows evidence to be considered without meeting all of the legal criteria), general knowledge of the rules of evidence can really help you to gain a legal advantage in your divorce or other family law action. Why?

What are the documents in a family law case?

4. writings: When we lawyers refer to ‘writings’, we are actually talking about a whole host of documentation – photographs, emails, letters, words, pictures etc. Documents such as these can be crucial to your family law case.

What kind of evidence do judges look at in court?

Well, many judges will review evidence (such as out of court statements, school records, agreements, police reports, financial records, title to property, proof of payment, social media postings, photographs etc) without a proper ‘foundation’ unless the opposing litigant or lawyer makes a objection.

What are three types of evidence that an attorney can present to support his her argument?

In this example, all three types of evidence exist: the witness is testimonial evidence; the gun is real evidence; and the contract is documentary evidence.

What does the court accept as evidence?

Basically, if evidence is to be admitted at court, it must be relevant, material, and competent. To be considered relevant, it must have some reasonable tendency to help prove or disprove some fact. It need not make the fact certain, but at least it must tend to increase or decrease the likelihood of some fact.

Do judges look at Talkingparents?

While the Court places no restrictions on how, when, or where the parties may communicate with each other, the Court does require both parties to clarify, verify, and document all important decisions regarding their child(ren) through the Talking Parents service.

What is it called when the lawyer gives a preview of what the evidence will show and how the witnesses will testify?

Steps in a Trial When the lawyer for the plaintiff or the government has finished questioning a witness, the lawyer for the defendant may then cross-examine the witness. Cross-examination is generally limited to questioning only on matters that were raised during direct examination.

What are the 4 types of evidence?

There are four types evidence by which facts can be proven or disproven at trial which include:Real evidence;Demonstrative evidence;Documentary evidence; and.Testimonial evidence.

What evidence Cannot be used in court?

Generally, irrelevant evidence, unfairly prejudicial evidence, character evidence, evidence protected by privilege, and, among others, hearsay evidence is inadmissible.

Can you screenshot TalkingParents?

TalkingParents forces accountability. You receive an important message from your child's school? Screenshot it, share it with your co-parent through Secure Messaging, and say “Hey, did you see this?” You can bring any communication or coordination back to the app so that it's documented for your attorney and case.

What do judges look for in child custody cases?

The child's age, gender, characteristics and background will all be a factor in the decision process. The judge or magistrate will want to ensure that the child is safe from any possible harm and the parent has the ability to meet the child's needs.

How long does it take for a judge to make a custody decision?

This depends on the factors within your case and whether there are any safeguarding concerns. There is no standard time frame and it can take between 6 to 12 months to achieve a final order.

Can photos be used as evidence in court?

In order for photo and video evidence to be admissible in court it must meet two basic requirements: relevance and authenticity. In order for evidence to be relevant it must have probative value. In other words, it must either support or undermine the truth of any point at issue in the legal proceedings.

What types of evidence can be legally obtained during the discovery process?

Discovery, in the law of common law jurisdictions, is a pre-trial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the other party or parties by means of discovery devices such as interrogatories, requests for production of documents, requests for admissions and ...

How do you prove a witness is lying?

First of all, liars have difficulty maintaining eye contact with the person asking the questions. If the witness looks up at the ceiling while thinking of an answer, or looks down at the floor, they are liying every time. When a witness covers his mouth with his hand, he is about to lie.

Why do you follow the evidence rules?

Another reason to follow the evidence rules is to make a “clear record.”. In other words, it’s possible that your family law judge allows you to be a bit lax when it comes to the evidence code but an appellate judge certainly will not. If you do not object to the introduction of evidence, improper conduct or illegal statements, ...

What happens if you don't object to the introduction of evidence?

If you do not object to the introduction of evidence, improper conduct or illegal statements, you will lose the ability to challenge that behavior should your matter proceed to an appeal (an appeal is when someone applies to a higher court for a reversal of the decision made by the lower court).

What does a good attorney do?

A good attorney will alert you to some of the issues you may face in court with the presenting the evidence that supports your case and strategize other ways to prove your points or overcome objections.

What happens if the opposing party introduces a writing (as described above) that you feel is pre

What happens if the opposing party introduces a writing (as described above) that you feel is prejudicial to your case? If you know the proper objection, you may be able to get it excluded from evidence (meaning, the judge will not consider it when s/he makes a decision).

Can you use instant chat in court?

If you would like to utilize a statement that was made via “instant chat” (such as yahoo messenger, email or FB messenger) make sure you save and print the entire relevant chat room thread. It may be potentially included as an exhibit to present to the court via a declaration or through your own testimony.

Can a court exclude evidence of an ex's drug use?

For example, the court may exclude evidence of your ex’s drug or alcohol use if the only issue at hand is division of property but may find it is helpful to a decision as to who is better equipped to have physical custody of the children.

Does knowledge of rules of evidence help in divorce?

Even when we are in front of a judge who has a more informal approach (allows evidence to be considered without meeting all of the legal criteria), general knowledge of the rules of evidence can really help you to gain a legal advantage in your divorce or other family law action.

Why do you have to follow the evidence rules?

Another reason to follow the evidence rules is to make a ‘clear record.’. In other words, it’s possible that your family law judge allows you to be a bit lax when it comes to the evidence code but an appellate judge certainly will not. If you do not ‘object’ to the introduction of evidence, improper conduct or illegal statements — you will lose ...

What is relevant evidence?

3. ‘relevant’ evidence: Evidence must be considered ‘relevant’ for the court to admit it over objection. Many litigants try to bring in evidence of their spouse’s affairs or other ‘bad’ behavior. However, unless it is relevant to prove or disprove a disputed fact – it can be excluded. Additionally, if the court finds that it’s probative value is ...

Can a court exclude evidence of an ex's drug use?

For example, the court may exclude evidence of your ex’s drug or alcohol use if the only ‘issue’ at hand is division of property but may find it is helpful to a decision as to who is better equipped to have physical custody of the children.

Does the Evidence Code apply to family law?

Most people (even some lawyers) don’t expect the Evidence Code to apply in family law — in the same way that we see it used in Criminal or Civil Law. The fact is, that it most often does. Even when we are in front of a judge who has a more informal approach (allows evidence to be considered without meeting all of the legal criteria), ...

Can a judge review a court order without a foundation?

Well, many judges will review evidence (such as out of court statements, school records, agreements, police reports, financial records, title to property, proof of payment, social media postings, photographs etc) without a proper ‘foundation’ unless the opposing litigant or lawyer makes a objection. If the objection is legal – it becomes the ...

Why is evidence excluded from court?

In our experience, the three most common reasons for exclusion of particular evidence are: (1) improper disclosure; (2) irrelevance; or (3) the evidence is incomplete. Remember, evidence must be disclosed according to all applicable rules and court orders. When evidence is untimely disclosed, it may deprive a party of a constitutional due process ...

Can you object to the admission of evidence in Arizona?

Even when the Arizona Rules of Evidence are not invoked, litigants can object to the admission of specific evidence or testimony. Family court is less formal than some other civil proceedings, so evidentiary objections may be articulated in a non-uniform way. Judges also retain great discretion to overrule evidentiary objections, even valid objections, though usually the judges will promise to “give the evidence the weight it deserves” when admission is contested.

How Can I Assist My Family Law Attorney?

One way you can assist in that process is to provide your lawyer with all the relevant documents he or she needs to represent you. Before the process begins, your lawyer will need documents related to you family’s finances. These will include income tax returns and documents proving other forms of income.

Hiring a Family Law Attorney

If you or a loved one are going through a divorce or other legal family law-related legal dispute, you may need to consult an experienced family law attorney.

What should counsel do before trial?

Counsel should make a point of learning local practices and customs before the trial begins. The following steps are typical.

Can a child be a witness?

Special considerations often arise when a child is a potential witness. A child may or may not be ma-ture enough to be competent to testify. Even if the child is competent to testify, one or both parties may be reluctant to force the child to bear the often uncomfortable burden of testifying, thus triggering the search for an exception to the hearsay rule so that someone else can recount the child’s out-of-court statements. And if a child does testify, the normal ground rules in the courtroom may be altered. Entire books have been written on the subject of children as witnesses, and the subject cannot be ad-dressed comprehensively in an outline such as this. The following is only a summary of the principal evi-dentiary considerations.

What is the procedure for streamlining admission of evidence?

Procedures for streamlining admission of evidence. Requests to admit facts and genuineness of documents. Judges identify lawyers who can try cases well and appreciate their skill, and good settlements come from superior trial skills. It is axiomatic, but knowledge is power.

What is the core of being a trial lawyer?

At the core of being a trial lawyer is a working knowledge of the rules of evidence: how to get evidence admitted or kept out in a contested trial or hearing. Procedures to authenticate exhibits are the building blocks of any case, and objections and their responses are the mortar.

What is the source of evidence?

The sources of evidence are those places from which the rules of evidence can be seen and applied. Thus, anywhere that you can find rules of evidence is a source. They are those wellsprings that lend validity to rules of evidence. This is quite important because some rules of evidence are just plain common sense.

Why is the law of evidence important in Nigeria?

The sources of the Law of Evidence in Nigeria are important for two reasons. First, nothing springs from nothing. Everything has a source and understanding this source is often vital to grasping the nature and context of that thing. Knowing the sources of evidence gives you a keen insight into the operation of the Law of Evidence in Nigeria.

What is fair hearing?

Fair hearing: The provision of s. 36 (1) entitles any person brought before a court or tribunal to fair hearing. The court or tribunal must be organized and take evidence in such a manner as to secure its independence and impartiality.

What is the Evidence Act?

The Evidence Act provides for the rules of evidence and no evidence can be given in court except as allowed under it. [ix] The Act however widens the sources of evidence to include rules of evidence in other Nigerian legislation.

What is the evidence act in Nigeria?

Nigerian Legislation: The Evidence Act. Apart from the constitution, this is the second most authoritative source of evidence in Nigeria. The legislature has wide powers to make law under the constitution. [viii] The Evidence Act 2011 was made pursuant to these powers.

What is the cardinal rule of evidence?

Presumption of Innocence: This is another cardinal rule of evidence although its application is limited to only criminal matters. The constitution, in s. 36 (5), entitles every person charged with a criminal offence to be presumed innocent until proven guilty.

Why is case law called case law?

This duty of lower court s to follow decisions of higher courts simply entrenches the decision and makes it essentially have the force of law. This is why it is called case law. Case law will be a source of evidence where a superior court has made a decision that involves rules of evidence.

Who allowed the evidence to be admitted?

Lord Woolf CJ allowed the evidence to be admitted, however, he ordered the defendant to pay the costs of the time spent debating the admissibility of the evidence (in order to make an example of the defendant and deter such behaviour).

What is the court's discretion in allowing illegal evidence?

The court has complete discretion as to what evidence it will allow to be used in a case. However, when considering whether to allow illegally obtained evidence, the court will balance the need to deter/discourage law breaking against the desire to have all material facts before the court.

Can a solicitor be struck off for covertly obtained evidence?

Using such covertly obtained evidence may breach such principles, leading to a solicitor suffering adverse publicity and professional embarrassment or even being struck off. If the solicitor is personally involved in criminal conduct, they could also face prosecution. As shown by the above, the risks of using covertly gathered evidence can be high ...

Is it a civil wrong to disclose personal information without the consent of the controller?

It is a civil wrong and a criminal offence to persuade someone to disclose personal data (for example a person’s name and address) without the “data controller’s” consent (Data Protection Act 1998). This could include, for example, coaxing an employee to provide you with company records without the employer’s permission.

Is it bad to use covertly gathered evidence?

As shown by the above, the risks of using covertly gathered evidence can be high for solicitors, with the potential consequences including harm to the claim and sanctions for the solicitors themselves. Solicitors should therefore consider carefully whether the benefits of using such evidence outweigh the risks.

What is knowing the sources of evidence?

Knowing the Sources of Evidence Leads. Modified date: December 23, 2019. Gathering evidence, indisputable facts, and basic information is perhaps the key assignment for a paralegal. When a lawyer requests information from a paralegal he/she is looking for a comprehensive report concerning the legal matter, and facts of the particular case.

What is evidence law?

Evidence law is primarily designed to ensure clients, defendants, and all individuals engaged in a legal quarrel that the information presented is relevant and competent. Tampering of evidence, misinformation, and all forms of manipulation can result in the dismissal of evidence in court. Although evidence law does not necessarily pertain ...

What is the law that paralegals must abide by?

In order to accurately and comprehensibly compile all relevant information a paralegal must abide by evidence law and fact law. Evidence law and fact law require for the proper delivery of accurate facts or evidence. Embellishments, exaggerations, or falsehoods are not acceptable according to these forms of law.

Why do paralegals use books?

That being said, paralegals also take advantage of the tangible resources found inside the law office. Books on law help a paralegal pinpoint which legal matters should apply to what cases, as well as exemplify the different procedures and interpretations found in varying locations. Government resources are also used by paralegals to streamline ...

How does the use of computers help paralegals?

The use of computers greatly facilitates a paralegal’s investigation; the use of the internet and online legal resources enable a paralegal to sift through thousands of state laws, legal documents, and judicial outcomes within a matter of minutes.

Is evidence law a code of conduct?

Although evidence law does not necessarily pertain to paralegals and their investigation process, it is still a code of conduct that must be respected and followed. In order to compile an assortment of information a paralegal must use a multitude of resources.