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Furthermore, the circuit court found flaws in the district court's opinion on whether YouTube qualified for the safe harbor protections of the DMCA, with some definitional matters concerning the term "syndication" under the statute remaining unsettled. [19] Thus, the case was remanded to the district court for further fact-finding on these ...
A common attack on digital evidence is that digital media can be easily altered. However, in 2002 a US court ruled that "the fact that it is possible to alter data contained in a computer is plainly insufficient to establish untrustworthiness" (US v. Bonallo, 858 F. 2d 1427–1988 – Court of Appeals, 9th). [1] [6]
County of Riverside v. McLaughlin, 500 U.S. 44 (1991), was a United States Supreme Court case which involved the question of within what period of time must a suspect arrested without a warrant (warrantless arrests) be brought into court to determine if there is probable cause for holding the suspect in custody.
The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. [1] The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation. The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction.
The California Code of Civil Procedure (abbreviated to Code Civ. Proc. in the California Style Manual [a] or just CCP in treatises and other less formal contexts) is a California code enacted by the California State Legislature in March 1872 as the general codification of the law of civil procedure in the U.S. state of California, along with the three other original Codes.
In the majority of U.S. jurisdictions, character evidence is inadmissible in civil suits when being used as circumstantial evidence to prove that a person acted in conformity with their character; it is considered to be an unfair basis from which to attempt to prove that an individual behaved in a particular way on a particular occasion. [2]
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Peruta v. San Diego, 824 F.3d 919 (9th Cir. 2016), was a decision of the United States Court of Appeals for the Ninth Circuit pertaining to the legality of San Diego County's restrictive policy regarding requiring documentation of "good cause" that "distinguish[es] the applicant from the mainstream and places the applicant in harm's way" (Cal. Pen. Code §§ 26150, 26155) before issuing a ...