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True Justice Record

      Kinds of proof

      This record

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      Every entry — page 5

      The full library in alphabetical order, across every area of law.

      Testimony and Credibility

      Interpreters and What They Change

      An interpreter converts meaning rather than words, and the conversion is unavoidably lossy. Hesitation and register disappear, idiom is replaced by approximation, and questions that depend on precise wording lose their force. The record reflects the interpretation, so objections about accuracy have to be raised at the time or they cannot be raised at all.

      6 min readCourts and agencies

      Proving a Relationship

      Joint Finances as Proof of a Relationship

      Joint accounts, shared liabilities and mutual designations are among the most persuasive evidence of a relationship, because third parties verified the arrangements for their own reasons. Their weight comes from duration and from actual use rather than from existence. Couples who keep finances separate are common, and the reason for that should appear in the file.

      6 min readAgency practice

      Documents From Another Country

      Legalization Where No Apostille Applies

      Legalization is a sequence: the issuing authority, then a regional or national certifying office, then the foreign ministry, then the consulate of the destination country. Each step certifies the signature and seal of the previous one. The chain cannot be entered in the middle, steps cannot run in parallel, and the whole exercise takes months rather than weeks.

      6 min readAgency practice

      Evidence That Lives on a Phone

      Location History Offered as Evidence

      Location evidence comes from satellite positioning, from network cell sites, from wireless network observations and from application check-ins, each with a different accuracy. All of it places a device rather than a person. Interpreting it responsibly means establishing which method produced each point and what margin that method carries.

      6 min readCourt rules

      Documents and What They Prove

      Losing the Original

      Where an original has been lost or destroyed without bad faith, other evidence of its contents becomes admissible. The proponent explains what the document was, when it was last seen, what search has been made and why it cannot be produced. A vague account fails where a detailed one succeeds, and the difference is usually a matter of effort rather than of facts.

      6 min readCourts and agencies

      Proving a Relationship

      Marriage Records and Their Gaps

      A marriage record establishes that a ceremony took place and was registered. It does not establish that the marriage was valid under the governing law, that earlier marriages had properly ended, or that the marriage continues. Customary and religious ceremonies raise a further question about whether registration occurred at all, and unregistered unions need a different evidential approach.

      6 min readAgency practice

      Opinion That Counts as Evidence

      Medical Opinion in a Non-Medical Proceeding

      Clinical records are made for treatment and answer treatment questions. An instructed medical opinion is written for a proceeding and answers the proceeding's question. The two documents have different purposes, different reliability profiles and different weaknesses, and treating either as the other causes most of the difficulty.

      6 min readCourts and agencies

      Records Somebody Else Holds

      Medical Records and Who May Release Them

      Providers release records to the patient on request, to third parties on a compliant written authorization, and to anybody under valid compulsory process with the notice the rules require. An authorization has to identify the record, the recipient and the purpose, state an expiry, and carry the patient's signature. Most refusals are refusals of the paperwork rather than of the request.

      6 min readCourts and agencies

      Evidence That Lives on a Phone

      Messages That Delete Themselves

      Disappearing-message settings remove content from devices and frequently from provider servers on a timer. Fragments survive in backups, in notifications, in the other participant's device and in carrier metadata. Where the setting was enabled or left running after a dispute became foreseeable, the deletion may be treated as spoliation rather than as ordinary configuration.

      6 min readCourts and agencies

      Evidence That Lives on a Phone

      Metadata, and What It Actually Records

      Metadata is information about a file rather than in it: when it was created and modified, by which account and application, and for images and messages a range of device and transmission details. It is generated automatically, which makes it hard to fake convincingly, and it is stripped or overwritten by ordinary handling, which makes preservation the whole exercise.

      6 min readCourts and agencies

      Documents From Another Country

      Names Spelled Differently in Another Country

      Differences in the spelling of a name across foreign documents usually arise from transliteration between scripts, from naming systems that order or combine elements differently, or from a change recorded in one register and not another. Each is explained rather than corrected, and an explanatory statement filed at the outset prevents almost all of the resulting queries.

      6 min readAgency practice

      Proving Money

      Pay Records and What They Show

      Pay records establish earnings from a particular employer over a particular period, together with the deductions applied. They do not establish total income, current employment or what is available after obligations. A continuous run reconciled against bank deposits and a tax filing is what converts them from documents into a persuasive account of income.

      6 min readCourts and agencies