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First adopted in 1975, the Federal Rules of Evidence codify the evidence law that applies in United States federal courts. [1] In addition, many states in the United States have either adopted the Federal Rules of Evidence, with or without local variations, or have revised their own evidence rules or codes to at least partially follow the federal rules.
The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision.
The following outline is provided as an overview of and topical guide to evidence law in the United States: Evidence law in the United States – sets forth the areas of contention that generally arise in the presentation of evidence in trial proceedings in the U.S.
However, under Federal Rule of Evidence 801 and the minority of U.S. jurisdictions that have adopted this rule, a prior inconsistent statement may be introduced as evidence of the truth of the statement itself if the prior statement was given in live testimony and under oath as part of a formal hearing, proceeding, trial, or deposition. [2]
John Henry Wigmore (1863–1943) was an American lawyer and legal scholar known for his expertise in the law of evidence and for his influential scholarship. Wigmore taught law at Keio University in Tokyo (1889–1892) before becoming the first full-time dean of Northwestern Law School (1901–1929).
Evidence is relevant if it is evidence which, if accepted, could rationally affect (directly or indirectly) the assessment of the probability of a fact in issue in the proceedings. [25] Since evidence that is relevant has the capability to affect the assessment of the probability of the existence of a fact in issue, it is "probative". [26]
Under the common law, such evidence was at one time considered hearsay - a statement made out of court being introduced to prove the truth of the statement - and was not admissible except to rebut the testimony of an opposing expert witness. There were four ways to introduce such evidence: [citation needed]