DEFINITION

• Evidence is the body of law that covers the burden of proof, admissibility, relevance, weight and sufficiency of what should be admitted into the record of a legal proceeding.

• The Federal Rules of Evidence govern the admissibility of evidence at trials in federal court. Each state also has its own rules of evidence, mostly modeled after the Federal Rules, that apply to state court proceedings.

• There are four traditional types of evidence: real evidence (tangible things like a weapon), demonstrative (a model or photograph), documentary (a writing or other document), and testimonial (testimony by witnesses).

• Evidence is relevant when it has a tendency to make the fact that it is offered to prove or disprove either more or less probable.

• The burden of producing evidence means that the party that cites specific facts for the substantiation of its claim, also has the burden of producing the evidence to prove these facts.

• In civil proceedings, the plaintiff has the burden of proving the facts by a preponderance of the evidence. In a criminal matter, the prosecution bears the burden of proof beyond a reasonable doubt.

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RELATED PRACTICE AREAS

Criminal Law
Personal Injury -- Plaintiff

BUZZWORDS

Beyond a Reasonable Doubt - The standard in a criminal case that must be met by the prosecution in order to convict the defendant. It means the evidence is fully satisfied, all the facts are proven and guilt is established.

Character Evidence - Evidence of person's moral standing in community based on reputation.

Circumstantial Evidence - Testimony not based on actual personal knowledge or observation of the facts in controversy, but of other facts from which deductions are drawn, showing indirectly the facts to be proved.

Exclusionary Rule - The legal rule that states where evidence has been obtained in violation of the search and seizure protections guaranteed by the U.S. Constitution, the illegally obtained evidence cannot be used at the trial of the defendant.

Expert Testimony - Testimony given in relation to some scientific, technical, or professional matter by experts, i.e., persons qualified to speak authoritatively by reason of their special training, skill, or familiarity with the subject.

Federal Rules of Evidence - Rules which govern the admissibility of evidence at trials in the Federal District Courts and before U.S. Magistrates. Many states have adopted evidence rules patterned on these federal rules.

Hearsay - Testimony given by a witness who relates, not what he knows personally, but what others have told him, or what he has heard said by others. A statement, other than one made by the declarant while testifying at trial or a hearing, offered in evidence to prove the truth of the matter asserted.

Preponderance of the Evidence - The standard of proof in civil suits which is met when a party's evidence on a fact indicates that it is more likely than not that the fact is as the party alleges it to be.

Testimony - Evidence given by a competent witness under oath or affirmation; as distinguished from evidence derived from writings, and other sources.

Witness - One who personally sees or perceives a thing; a beholder, spectator, or eyewitness. One who is called to testify before a court.