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In Canada, the rule is established in R. v. Handy, 164 CCC (3d) 481, 2 SCR 908 (2002): . Evidence of prior bad acts by the accused will be admissible if the prosecution satisfies the judge on a balance of probabilities that, in the context of the particular case, the probative value of the evidence in relation to a specific issue outweighs its potential prejudice and thereby justifies its ...
Federal Rule 403 allows relevant evidence to be excluded "if its probative value is substantially outweighed by the danger of unfair prejudice", if it leads to confusion of the issues, if it is misleading or if it is a waste of time. California Evidence Code section 352 also allows for exclusion to avoid "substantial danger of undue prejudice."
This is called weighing the evidence's probative value, which is a term used to describe the amount which a fact either proves or disproves an issue. [12] [13] This process of testing evidence's probative value requires a process of legal analysis and reasoning. [7]
In general, the purpose of rules of evidence is to regulate the evidence that the jury may use to reach a verdict. Historically, the rules of evidence reflected a marked distrust of jurors. [9] [10] The Federal Rules of Evidence strive to eliminate this distrust, and encourage admitting evidence in close cases. Even so, there are some rules ...
Documentary evidence is any evidence that is, or can be, introduced at a trial in the form of documents, as distinguished from oral testimony.Documentary evidence is most widely understood to refer to writings on paper (such as an invoice, a contract or a will), but the term can also apply to any media by which information can be preserved, such as photographs; a medium that needs a mechanical ...
In evidence law, physical evidence (also called real evidence or material evidence) is any material object that plays some role in the matter that gave rise to the litigation, introduced as evidence in a judicial proceeding (such as a trial) to prove a fact in issue based on the object's physical characteristics.
The common metaphor for the strongest possible evidence in any case—the "smoking gun"—is an example of proof based on circumstantial evidence. [5] Similarly, fingerprint evidence, videotapes, sound recordings, photographs, and many other examples of physical evidence that support the drawing of an inference, i.e., circumstantial evidence ...
Materiality, along with probative value, is one of two characteristics that make a given item of evidence relevant. [2] This largely depends on the elements of the cause of action the plaintiff seeks to prove, or that the prosecutor must prove in a criminal case to secure a conviction.