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Encyclopedia > Rules of evidence

Rules of evidence govern if, when, how, and for what purpose proof of a case is placed before a trier of fact for consideration.


In the judicial system of the United States, the trier of fact may be a judge or a jury depending on the purpose of the trial, and the choices of the parties.


The rules of evidence have been developed over the last thousand years and are based upon the rules from English Common Law brought to the new world by early settlers. Their intent is to be fair to both parties, disallowing emotionally charged allegations to be brought up without a basis in provable fact. They have gotten poor press as a Legal technicality, but are an important part of the system.


Prevailing in court requires a very good understanding of the rules of evidence in your particular venue. The rules vary depending upon whether you are in criminal court, civil court or family court, and they vary by jurisdiction. One reason to have a lawyer, among others, is that he is familiar with these rules of evidence. If you were allowed to simply tell the judge what you know to be the truth, and how you found out about it, you might prevail. However, you may not be allowed to tell your story the way you want to within the rules of evidence.


Some important rules involve Relevancy, Privilege, Witnesses, Opinions, Expert Testimony, Hearsay, Authentication, Identification and rules of Physical Evidence.


External links

http://www.law.cornell.edu/rules/fre/overview.html - Federal Rules of Evidence


  Results from FactBites:
 
MAINE RULES OF EVIDENCE (3425 words)
When evidence which is admissible as to one party or for one purpose but not admissible as to another party or for another purpose is admitted, the court upon request shall restrict the evidence to a proper scope and instruct the jury accordingly.
Evidence of the habit of a person or of the routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove that the conduct of the person or organization on a particular occasion was in conformity with the habit or routine practice.
Evidence submitted to the court shall be sealed and preserved to be made available to the appellate court in the event of an appeal, and a docket entry shall be made specifying the form of such evidence but not its content or the identity of any declarant.
Commentary to the Alaska Rules of Evidence (18768 words)
Rule 201 restricts only the power of the court to declare on the record, without resort to formal proof, that a particular fact exists, i.e., that something is actually true, where the fact involved is one that would otherwise be decided by the trier of fact upon submission of proof by the parties.
Rule 201 is based on the belief that wherever a lawmaking authority conditions the applicability of a law on the proof of facts, these considerations call for dispensing with traditional methods of proof only in clear cases regardless of what label is attached to the facts.
Rule 201 limits judicial notice to facts not subject to reasonable dispute in that they are either generally known in the territorial jurisdiction of the trial court or are capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be doubted.
  More results at FactBites »


 

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