Business Records Exception - Lack of Record As Evidence

Lack of Record As Evidence

FRE 803(7) states the negative counterpart of the business records exception: the use of the lack of a record to prove that a transaction or occurrence had not taken place, if it was the regular practice of the business to record such events if they had actually occurred.

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Famous quotes containing the words lack of, lack, record and/or evidence:

    There’s no lack of void.
    Samuel Beckett (1906–1989)

    What chiefly distinguishes the daily press of the United States from the press of all other countries is not its lack of truthfulness or even its lack of dignity and honor, for these deficiencies are common to the newspapers everywhere, but its incurable fear of ideas, its constant effort to evade the discussion of fundamentals by translating all issues into a few elemental fears, its incessant reduction of all reflection to mere emotion. It is, in the true sense, never well-informed.
    —H.L. (Henry Lewis)

    Human beings are compelled to live within a lie, but they can be compelled to do so only because they are in fact capable of living in this way. Therefore not only does the system alienate humanity, but at the same time alienated humanity supports this system as its own involuntary masterplan, as a degenerate image of its own degeneration, as a record of people’s own failure as individuals.
    Václav Havel (b. 1936)

    No further evidence is needed to show that “mental illness” is not the name of a biological condition whose nature awaits to be elucidated, but is the name of a concept whose purpose is to obscure the obvious.
    Thomas Szasz (b. 1920)