A seaman assaults the Second Mate and injures him with a beer bottle while the ship is at sea. The incident is logged in the Official Logbook. In subsequent suspension and revocation proceedings against the seaman, according to the regulations, which statement is TRUE?
• Official Logbook requirements under 46 CFR and how entries must be made • Meaning of prima facie evidence in legal/administrative proceedings • Difference between admissibility of evidence and the weight or reliability given to that evidence
• Think about why the law requires certain facts to be recorded in the Official Logbook and how that affects later hearings • Consider whether the government would make its case depend entirely on perfect paperwork, or allow other proof to support or correct defects in the logbook • Ask yourself: if the logbook entry is properly made, what legal effect does that have in a suspension and revocation proceeding?
• Verify what 46 CFR says about the evidentiary value of properly kept logbook entries • Check whether an improper entry automatically results in dismissal of a case, or if it simply affects how strongly that entry can be relied on • Confirm whether witness testimony is always required, or if documentary evidence can, in some cases, stand on its own if it meets legal standards
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