Many inconsistency analysis methods may be used to detect altered records or statements. But for admission as evidence, the reliability of the method has to be determined and measured. For example, in China, for evidence to be admitted, it has to have 95% certainty of being correct, and that certainty must be shown to the court, while in the US, evidence is admitted if it is more probative than...

This article examines the standards governing the admission of new types of expert evidence. Based on the rules of evidence and procedure in Australia, it explains how judges have been largely uninterested in the reliability of expert opinion evidence. Focused on the use of CCTV images and covert sound recordings for the purposes of identification, but relevant to other forensic sciences, the a...

Under the rule of prosecution history estoppel, patent applicants who amend their claims during the course of patent prosecution assume a significant risk: the risk that a court will later construe the changes as concessions that should be read to limit patent scope. This risk is exacerbated by strong evidentiary presumptions under which courts are to assume, unless the patentee presents suffic...

Dietary guidelines, especially those designed to prevent the diseases of dietary excess, are a relatively new phenomenon in the United States. National dietary guidelines have been promulgated based on scientific reasoning and indirect evidence. In general, weak evidentiary support has been accepted as adequate justification for these guidelines. This low standard of evidence is based on severa...

For the past decade, federal judges have been obligated to serve as gatekeepers and keep scientifically unreliable and irrelevant expert testimony out of the courtroom. The exacting evidentiary standards set forth in the landmark Daubert decision have had a significant impact on numerous areas of legal dispute. Toxic tort litigation, in particular, has been transformed by the standards. This Ar...

Mobile health applications (or mHealth apps, as they are commonly known) are increasingly popular with both individual end users and user groups such as physicians. Due to their ability to access, store and transmit personally identifiable and sensitive information (e.g. geolocation information and personal details), they are potentially an important source of evidentiary materials in digital i...