BEST-EVIDENCE RULE

best-evidence rule.The evidentiary rule providing that, to prove the contents of a writing (or a recording or photograph), a party must produce the original writing (or a mechanical, electronic, or other familiar duplicate, such as a photocopy) unless it is unavailable, in which case secondary evidence — the testimony of the drafter or a person who read the document — may be admitted. Fed. R. Evid. 1001–1004. — Also termed documentary-originals rule; original-writing rule; original-document rule. [Cases: Criminal Law  398–403; Evidence  157–187. C.J.S. Criminal Law §§ 833–845; Evidence §§ 1054–1131.]

“Down to a century or more ago, the term ‘best evidence’ was a good deal used; ‘the best evidence that the nature of the thing will afford’ was said to be required. But this loose expression never represented a concrete rule. The only positive and concrete rules of the kind are those above named. And today, though the cant phrase is sometimes invoked, and though an inference may be made against a party who fails to produce what might be better evidence, yet no court will in

general exclude relevant evidence because there might be better evidence available.” John H.

Wigmore, A Students’ Textbook of the Law of Evidence 219 (1935). BESTIALITY

bestiality (bes-chee-al-<<schwa>>-tee). Sexual activity between a human and an animal. • Some authorities restrict the term to copulation between a human and an animal of the opposite sex. See SODOMY. [Cases: Sodomy  1.C.J.S. Sodomy §§ 2–6.] BEST INTERESTS OF CREDITORS

best interests of creditors.Bankruptcy. A test for confirmation of a reorganization plan whereby the court inquires into whether the plan ensures that the value of property to be distributed to each creditor is at least the amount that the creditor would receive if the debtor’s estate were liquidated in a Chapter 7 case. • A court may not confirm a plan in a Chapter 9, Chapter 12, or Chapter 13 case unless it is in the best interests of the creditors. In a Chapter 11 case, a court may confirm a plan even though some creditors do not vote to accept it if the court finds that the plan is in the creditors’ best interest. 11 USCA §§ 944(7), 1129(a)(7), 1225(a)(4), 1325(a)(4). — Also written best interest of creditors.[Blacks Law 8th]