Rules of evidence
Encyclopedia
Rules of evidence govern whether, when, how, and for what purpose, proof of a legal case
may be placed before a trier of fact
for consideration.
In the legal systems
of Canada
and 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
were developed over several centuries and are based upon the rules from Anglo-America
n common law
brought to the New World
by early settlers. Their purpose is to be fair to both parties, disallowing the raising of allegations without a basis in provable fact. They are sometimes criticized as a legal technicality
, but are an important part of the system for achieving a just result.
Prevailing in court requires a good understanding of the rules of evidence in the given venue. The rules vary depending upon whether the venue is a criminal court, civil court or family court, and they vary by jurisdiction. One reason to have a lawyer, among others, is that he or she should be familiar with the rules of evidence. If one were allowed simply to tell the court what one knew to be the truth, and how one knew it, one might prevail. However, the rules of evidence may prohibit one from presenting one's story just as one likes.
Perhaps the most important of the Rules of Evidence is that, in general, hearsay
testimony is inadmissible (although there are many exceptions to this rule). This makes it impossible for the accuser to induce friends or family to give false evidence in support of their accusations because, normally, this evidence would be rejected by the presiding authority or judge. There are several examples where presiding authorities are not bound by the rules of evidence. These include the military tribunals established by the United States of America and tribunals used in Australia to try health professionals.
Some important rules involve relevance
, privilege
, witness
es, opinion
s, expert testimony
, hearsay
, authenticity
, identification
and rules of physical evidence.
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
may be placed before a trier of fact
Trier of fact
A trier of fact is a person, or group of persons, who determines facts in a legal proceeding, usually a trial. To determine a fact is to decide, from the evidence, whether something existed or some event occurred.-Juries:...
for consideration.
In the legal systems
Legal systems of the world
The legal systems of the world today are generally based on one of three basic systems: civil law, common law, and religious law – or combinations of these...
of Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
and the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the trier of fact may be a judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
or a jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
, depending on the purpose of the trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
and the choices of the parties.
The rules of evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
were developed over several centuries and are based upon the rules from Anglo-America
Anglo-America
Anglo-America is a region in the Americas in which English is a main language, or one which has significant British historical, ethnic, linguistic, and cultural links...
n common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
brought to the New World
New World
The New World is one of the names used for the Western Hemisphere, specifically America and sometimes Oceania . The term originated in the late 15th century, when America had been recently discovered by European explorers, expanding the geographical horizon of the people of the European middle...
by early settlers. Their purpose is to be fair to both parties, disallowing the raising of allegations without a basis in provable fact. They are sometimes criticized as a legal technicality
Legal technicality
The term legal technicality is a casual or colloquial phrase referring to a technical aspect of law. The phrase is not a term of art in the law; it has no exact meaning, nor does it have a legal definition. It implies that that strict adherence to the letter of the law has prevented the spirit of...
, but are an important part of the system for achieving a just result.
Prevailing in court requires a good understanding of the rules of evidence in the given venue. The rules vary depending upon whether the venue is a criminal court, civil court or family court, and they vary by jurisdiction. One reason to have a lawyer, among others, is that he or she should be familiar with the rules of evidence. If one were allowed simply to tell the court what one knew to be the truth, and how one knew it, one might prevail. However, the rules of evidence may prohibit one from presenting one's story just as one likes.
Perhaps the most important of the Rules of Evidence is that, in general, hearsay
Hearsay
Hearsay is information gathered by one person from another person concerning some event, condition, or thing of which the first person had no direct experience. When submitted as evidence, such statements are called hearsay evidence. As a legal term, "hearsay" can also have the narrower meaning of...
testimony is inadmissible (although there are many exceptions to this rule). This makes it impossible for the accuser to induce friends or family to give false evidence in support of their accusations because, normally, this evidence would be rejected by the presiding authority or judge. There are several examples where presiding authorities are not bound by the rules of evidence. These include the military tribunals established by the United States of America and tribunals used in Australia to try health professionals.
Some important rules involve relevance
Relevance (law)
Relevance, in the common law of evidence, is the tendency of a given item of evidence to prove or disprove one of the legal elements of the case, or to have probative value to make one of the elements of the case likelier or not. Probative is a term used in law to signify "tending to prove."...
, privilege
Privilege (evidence)
An evidentiary privilege is a rule of evidence that allows the holder of the privilege to refuse to provide evidence about a certain subject or to bar such evidence from being disclosed or used in a judicial or other proceeding....
, witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
es, opinion
Opinion
In general, an opinion is a subjective belief, and is the result of emotion or interpretation of facts. An opinion may be supported by an argument, although people may draw opposing opinions from the same set of facts. Opinions rarely change without new arguments being presented...
s, expert testimony
Expert witness
An expert witness, professional witness or judicial expert is a witness, who by virtue of education, training, skill, or experience, is believed to have expertise and specialised knowledge in a particular subject beyond that of the average person, sufficient that others may officially and legally...
, hearsay
Hearsay
Hearsay is information gathered by one person from another person concerning some event, condition, or thing of which the first person had no direct experience. When submitted as evidence, such statements are called hearsay evidence. As a legal term, "hearsay" can also have the narrower meaning of...
, authenticity
Authentication
Authentication is the act of confirming the truth of an attribute of a datum or entity...
, identification
Identification (information)
The function of identification is to map a known quantity to an unknown entity so as to make it known. The known quantity is called the identifier and the unknown entity is what needs identification. A basic requirement for identification is that the Id be unique. Ids may be scoped, that is, they...
and rules of physical evidence.
See also
- Canada Evidence ActCanada Evidence ActThe Canada Evidence Act is an Act of the Parliament of Canada, first passed in 1893, that regulates the rules of evidence in court proceedings under federal law. As law of evidence is largely set by common law, the Act is not comprehensive....
- United States Federal Rules of EvidenceFederal Rules of EvidenceThe is a code of evidence law governing the admission of facts by which parties in the United States federal court system may prove their cases, both civil and criminal. The Rules were enacted in 1975, with subsequent amendments....
- Evidence law
- Silent witness ruleSilent witness ruleThe silent witness rule is the use of 'substitutions' when referring to sensitive information in the United States open courtroom jury trial system. The phrase was first used in US v. Zettl, in 1987. An example of a substitution method is the use of code-words on a 'key card', to which witnesses...
External links
- Federal Rules of Evidence (United States) - U.S. Courts, Federal Judiciary Homepage