Famous quote by Simon Greenleaf

"Every document, apparently ancient, coming from the proper repository or custody, and bearing on its face no evident marks of forger, the law presumes to be genuine, and devolves on the opposing party the burden of proving it to be otherwise"

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The quote by Simon Greenleaf concerns legal anticipations about the credibility of documents. Greenleaf, a noteworthy legal scholar, elaborates on how courts typically assess files provided as evidence. He asserts that a file appearing old, originating from the appropriate and predicted source or repository, and lacking noticeable signs of forgery or tampering is presumed real by law. This anticipation moves the concern of proof to the opposing celebration, who should then show that the document is not genuine.

Breaking it down, the quote highlights a number of crucial legal concepts. Initially, the document's apparent age is important. If a document appears ancient, it gains a preliminary presumption of authenticity due to the assumed trouble of forging aged documents convincingly. Second, its source or custody plays a critical function. A document emerging from its anticipated repository recommends that it has been maintained in an unbroken chain of custody, protecting its integrity. This suggests that the document has actually likely been maintained and managed correctly in accordance with archival standards or institutional practices, further supporting its credibility.

Third, the lack of "obvious marks of forger" suggests that if a file shows no apparent signs of change or forgery, the law will at first presume it to be authentic. This consists of examining the paper, ink, handwriting, and any seals or signatures that accompany the document. The lack of these indications increases the file's reliability.

The idea of anticipation of credibility serves practical functions in the judicial process, streamlining the handling of evidence by at first accepting certain files as authentic. It motivates effectiveness and allows proceedings to concentrate on substantive problems rather than ending up being stuck in limitless arguments over the authenticity of every piece of documentary evidence. Nevertheless, the opposing celebration keeps the opportunity to challenge the document's authenticity, but they bring the duty to produce convincing evidence or arguments to rebut the presumption and prove it to be otherwise.

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USA Flag This quote is from Simon Greenleaf between December 5, 1783 and October 6, 1853. He/she was a famous Judge from USA. The author also have 17 other quotes.
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