Evidence Admissibility - Articles
Deals with assumptions that must be made unless disproved.
Article III: Presumptions in Civil Cases
Defines what makes evidence relevant and when relevant evidence can be excluded.
Article IV: Relevance and Its Limits
Evidence that suggests a fact or set of facts from which a conclusion can be inferred, without directly proving it.
Circumstantial Evidence
The judge or jury relies on evidence to reach a verdict. They assess the quality, credibility, and weight of the evidence presented to decide whether the burden of proof has been met.
Determines the Outcome
Tangible objects that are directly involved in the case.
Real (Physical) Evidence
Governs who can testify and what qualifications they need.
Article VI: Witnesses
Covers when out-of-court statements can or cannot be used as evidence.
Article VIII: Hearsay
Testimony from individuals who have specialized knowledge, training, or experience relevant to the case.
Expert Evidence
A statement made out of court, offered in court to prove the truth of the matter asserted.
Hearsay Evidence
This rule excludes most out-of-court statements unless an exception applies
"What is the hearsay rule?"
Requires that evidence must be authenticated or identified before being admitted.
Article IX: Authentication and Identification
Sets rules for when opinion evidence, especially expert testimony, can be introduced.
Article VII: Opinions and Expert Testimony
Includes rules on the applicability of the FRE and their amendments.
Article XI: Miscellaneous Rules
Visual aids created for the trial to help explain or illustrate the facts.
Demonstrative Evidence
Oral statements made under oath by witnesses during trial or in a deposition.
Testimonial Evidence
Covers the scope of the rules and their purpose.
Article I: General Provisions
Specifies rules for proving the contents of documents and other media.
Article X: Contents of Writings, Recordings, and Photographs
Data or files stored electronically, such as emails, social media posts, or GPS data.
Digital Evidence
The strength and persuasiveness of the evidence directly affect whether a defendant is found guilty or not guilty, or whether a party wins or loses a civil case. The better the evidence, the more likely it is to sway the judge or jury in favor of the presenting party.
Shapes the Verdict
"Under Rule 702, this type of witness can give opinions based on specialized knowledge, skills, or experience."
"Who is an expert witness?"
Allows courts to accept certain facts as true without requiring evidence.
Judicial Notice
Protects certain communications from being disclosed (e.g., attorney-client privilege).
Article V: Privileges
Testimony about a defendant’s history of violence in a self-defense case.
Character Evidence
Written or printed materials used to support facts in a case.
Documentary Evidence
"This rule allows judges to exclude relevant evidence if its probative value is outweighed by the risk of unfair prejudice."
"What is Rule 403?"