The parol evidence rule
deals with a common contractual situation: where initial negotiations, in which preliminary oral or written promises are exchanged, conclude with a writing that appears to embody the entire agreement.
Neither the best evidence rule
, nor the statute of frauds necessarily precludes the evidence that Plaintiff seeks to exclude.
Interestingly, in a separate case, Judge Elmo Alameda of Branch 150 required Trillanes to present his actual application form, invoking the best evidence rule
. Alameda and Soriano appear to have reviewed similar evidence.
The SC also likened the PCGG's case against Cuenca et al., to the case Republic of the Philippines v.Marcos-Manotoc, et al., where it pointed out the importance of the best evidence rule
in recovering ill-gotten wealth.
Nebraska applies, for partial losses, the broad evidence rule
. The rule allows a fact-finder to consider what the life of the destroyed property, both materials and labor, would have been, as well as any other relevant evidence presented.
I argue in this article, however, that the mere evidence rule
holds the key to the regulation of electronic border searches in contemporary Canada.
(50) In doing so, the Johnsons relied on Evidence Rule
404(a)(2), which allows evidence of a relevant character trait of a victim of a crime to be admitted after a hearing.
(48) The Advisory Committee on Evidence Rules
that drafted the 2000 amendments to Rule 702 had no discernable agenda beyond improving the quality of expert testimony admitted in American courts.
As everyone learns in law school, the parol evidence rule
is supposed to protect the integrity of a written contract by prohibiting the admission of extrinsic evidence to vary or add to the terms of the contract.
(7) I do not advocate in this article for any particular version of the parol evidence rule
. (8) Once the donee beneficiary is identified, the contract should be subject to the parol evidence rule
as any contract.
When Proposition 8 was approved by the voters in 1982, California followed the Best Evidence Rule
. Unless certain exceptional circumstances existed, the Best Evidence Rule
required the content of a writing to be proved by the original writing and not by testimony recounting its contents or by a copy of the writing.
Actual cash value is typically calculated one of three ways: (1) the cost to repair or replace the damaged property, minus depreciation; (2) the damaged property's "fair market value"; or (3) using the "broad evidence rule
," which calls for considering all relevant evidence of the value of the damaged property.