BEST EVIDENCE Meaning and
Definition
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Best evidence refers to the highest quality and most reliable proof of a fact or event presented in a legal proceeding. It is the most persuasive and trustworthy form of evidence that is admissible in court. The term "best evidence" is based on the principle that courts should consider the most accurate and direct proof rather than relying on secondary or less reliable sources.
In legal terms, best evidence generally refers to the original document or object that provides firsthand information, rather than a copy, reproduction, or hearsay account of the evidence. This means that if a party wishes to introduce evidence into court, they generally need to present the original document, such as a contract, a will, or a video recording.
According to the best evidence rule, which is a principle of evidence law, when the contents of a document need to be proven, the original writing, recording, or photograph must be produced. If the original evidence is unavailable or lost, a genuine and reliable copy may be admissible as a substitute under certain conditions.
The purpose of requiring the best evidence is to ensure accuracy, prevent fraud or tampering, and allow the court to make fair and informed decisions based on reliable evidence. By prioritizing the highest quality proof, the best evidence rule contributes to the overall fairness and integrity of the legal system.
Etymology of BEST EVIDENCE
The term "best evidence" comes from the combination of two words: "best" and "evidence".
The word "best" originated from the Old English word "beste" which meant "goodness, excellence, superiority, or moral goodness". Over time, it evolved into the Middle English word "best" which retained the same meaning.
The word "evidence" has its roots in Latin. It can be traced back to the Latin word "evidentia" which means "clearness, obviousness, or evidence". This Latin term is derived from the verb "evidere" which means "to show clearly" or "to display".
When the two words are combined, "best evidence" refers to the most reliable, convincing, or high-quality proof or information available to substantiate a claim or argument. It represents evidence that is considered the most trustworthy and credible in a given context.
