Authors

Dale A. Nance

Abstract

This Article challenges the premises underlying the reasoning in decisions like Gonzales-Benitez. The point is not that the appellants in that case should have prevailed, but simply that the court's treatment of their argument was inadequate. The court should have considered whether the trial court had and abused a discretion to deny admission of the testimony pursuant to a general best evidence principle. At the very least, the court should have justified its implicit assumption that the phrase ‘best evidence’ could only refer, in the context of this case, to the original document rule.

Keywords

Best Evidence

Publication Date

1988

Document Type

Article

Place of Original Publication

Iowa Law Review

Publication Information

73 Iowa Law Review 227 (1988)

Included in

Evidence Commons

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COinS Dale A. Nance Faculty Bio