Law of Evidence
Law of Evidence tests what proof a court may receive and how facts are established. Expect relevance, hearsay, exceptions, burdens, presumptions, privilege, authentication, and the best-evidence rule.
Core rules
- Relevant evidence tends to make a fact more or less probable. Irrelevant evidence is excluded; relevant evidence may still be excluded for prejudice, confusion, or delay.
- Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. It is generally inadmissible unless an exception applies.
- Common exceptions include excited utterances, present sense impressions, statements for medical diagnosis, business records, and certain public records.
- The proponent must authenticate documents and physical evidence. The best-evidence rule requires the original writing unless an exception applies.
- The party with the burden of proof must meet the applicable standard: preponderance in civil cases, beyond a reasonable doubt in criminal cases.
Worked example
W testifies, John told me he saw D run from the store. If offered to prove D ran, the statement is hearsay. If offered only to show that John spoke those words, it is not hearsay. If John made the statement immediately after the event while excited, the excited-utterance exception may admit it. The court must identify the purpose of the offer before ruling.
Traps
Do not call every out-of-court statement hearsay; purpose controls. Do not assume a document is admissible because it looks official; authenticate it. Do not confuse burden of production with burden of persuasion. Watch privilege and chain-of-custody issues.