BEST EVIDENCE
\bˈɛst ˈɛvɪdəns], \bˈɛst ˈɛvɪdəns], \b_ˈɛ_s_t ˈɛ_v_ɪ_d_ə_n_s]\
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Primary evidence, as distinguished from secondary; original, as distinguished from substitutionary; the best and highest evidence of which the nature of the case is susceptible. A written instrument is itself always regarded as the primary or best possible evidence of Its ex- BL.LAW DICT. (2D ED.)
By Henry Campbell Black
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Means the best evideince of which the nature of the case admits, not the highest or strongest evidence which the nature of the thing to be proved admits of: e. g. a copy of a deed is not the best evidence; the deed itself is better. Gilb. Ev. 15; 3 Campb.. 236; 2 Starkey, 473 2 Campb. 605; 1 Esp. 127.
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The rule requiring the best evidence to be produced, is to be understood of the best legal evidence. 2 Serg. & R. 34; 3 Bl. Com. 368, note 10, by Christian. It is relaxed in some cases, as, e. g. where the words or the act of the opposite party avow the fact to be proved. A tavern keeper's sign avows his occupation; taking of tithes avows the clerical character; so, addressing one as The Reverend T. S." 2 Serg. & R. 440 1 Saund. on Plead. & Evid. 49.
By John Bouvier
Word of the day
Health Personnel Attitudes
- Attitudes of personnel toward their patients, other professionals, the medical care system, etc.