Evidence and Trial Practice
Evidence and Trial Practice tests how facts are proved and challenged at trial. Expect questions on relevance, authentication, examination, expert testimony, burdens, and the difference between admissibility and weight.
Core rules
- Relevant evidence tends to make a fact more or less probable and is generally admissible unless excluded by a specific rule.
- Authentication requires evidence sufficient to support a finding that the item is what the proponent claims.
- The burden of production and persuasion allocates risk; the party with the burden must survive a motion or risk judgment against it.
- Direct examination builds the case; cross-examination tests credibility, perception, bias, and consistency.
- Expert testimony requires a qualified expert, a reliable method, and helpful application to the facts.
Worked example
A bank offers CCTV footage to prove an unauthorized withdrawal. The proponent must authenticate the recording through a custodian or system record showing the time, camera, and integrity of storage. Once admitted, the jury or court decides weight. A gap in the chain of custody does not automatically exclude the footage, but it may reduce weight or support exclusion if tampering is shown. Corroborating transaction records strengthen the inference.
Traps
- Confusing admissibility with persuasive weight.
- Asking leading questions on direct examination without leave.
- Treating expert credentials as proof of reliability.
- Ignoring chain-of-custody gaps.
- Failing to preserve an objection for appeal.