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)
Repository Citation
Nance, Dale A., "The Best Evidence Principle" (1988). Faculty Publications. 463.
https://scholarlycommons.law.case.edu/faculty_publications/463
