...the party who substantially asserts the affirmative of the issue. 101 Q. What is the fourth rule? A. The best evidence of which the case, in its nature, is susceptible must always be produced. 102 Q. Give three of the rules most likely to be of value to the military...

...assistance in the discovery and explanation of details. In connection with the legal rule that only "the best^ evidence of which the case in its nature is susceptible 'L is to be admitted into a court of law, (3) documentary evidence has been divided into primary and...

...General. — The profession generally recognizes the so called "Best Evidence" rule ;l that is, that the best evidence of which the case in its nature is susceptible shall be produced.2 This rule has been vigorously assailed by Thayer3 and by Wigmore,4 and, in this...

...Chapter V. EVIDENCE. Article 1. RELEVANCY, MATERIALITY, COMPETENCY. The rule requiring the production of the best evidence, of which the case in its nature is susceptible, is adopted for the prevention of fraud, and is declared to be essential to the pure administration...

...instruction, and assigns error upon it here. The rule is elementary which requires the production of the best evidence of which the case, in its nature, is susceptible. The rule does not demand the greatest amount of evidence which can be given on the litigated fact; but its design...

...rule is an important and familiar one. It is a necessary deduction from the law's requirement that the best evidence of which the case in its nature is susceptible shall always be presented. It has for its object the prevention of fraud, and its enforcement is essential...

...proved. 3. The burden of proving a proposition, or issue, lies on the party holding the affirmative. 4. The best evidence of which the case, in its nature, is susceptible must always be produced. While all admissible evidence must be relevant, all relevant evidence, in...

...Liirkin, every one would admit that oral evidence could not be given of the contents of the letter, but that the letter, if it could be found and produced,...its contents. This evidence violated the rule which requiresa porty to produce the best evidence of which the case in its nature is susceptible. The rule...

...secondary evidence. A fundamental in the rule of evidence is that which requires the production of the best evidence of which the case in its nature is susceptible. This rule naturally leads to the division of evidence into primary and secondary. Primary is that which...

...box. It is contended that these are presumptions which furnish an exception to the general rule that the best evidence of which the case in its nature is susceptible should always be produced. These presumptions are apparently in the same class as those in which secondary...