A simple question for 1blackman1.
Who decides proof, the lawyer or the judge? Nobody needs to prove anything to you just like you don't have to prove that you are a lawyer to me.
A judge, court will decide what is evidence, what is proof and until a court decides these issues, you should, as a lawyer, be telling me this rather than me telling you this
. . .
Stop saying there is no evidence when there is. We just don't know if the evidence is real or not. None of it may be real, I'll give you that.
.
Originally Posted by HedonistForever
If it’s not real, guess what, it’s not evidence.
The court (whether it be the judge or jury) weighs evidence. The rules of evidence determine what’s admissible as evidence. I don’t really have time to teach a course of evidentiary standards but the general answer is above.
Lawyers don’t determine what’s evidence. We provide to the court things (items, documents, testimony) which we believe has evidentiary value that’s relevant in establishing facts. The court will determine whether it meets the appropriate standards for admissibility. Then those items are weighed against other “evidence” which has been admitted.
For instance, we want to establish that HF and SE like sucking each other off. Neither HF or SE provide their own personal knowledge but WD proclaims from the rafters that it’s true. WD statements are not admissible because unless he has personal knowledge. He he claims that DF told him over a beer. That’s hearsay so again it’s not admissible. DF claims to have seen it in a picture on ECCIE, that’s not admissible because there’s a lack of foundation.
As you can see, there are rules in determining what can even get to the “finder of fact - jury/judge” to even weigh.
Giuliani and all these other people can make all the claims they want of fraud but since they can’t provide “competent evidence” they cannot prove its existence.