Chapter 16: Rules of Evidence

Federal Rules of Evidence

Rules of Evidence that govern what kinds of exhibits, testimony, or other evidence are admissible in the federal courts.

Witness

A person who testifies about something he or she observed.

Lay witness

A person who gives testimony about a subject of which she has personal knowledge.

Testimony

Evidence delivered under oath, either orally or through affirmation (by affidavit) by a competent witness.

Expert Witness

A person who, because of special qualifications, testifies about conclusions that may be drawn based on his or her expertise.

Foundation

The requirement for admission of testimony at trial is that preliminary questions are asked to connect the legal issue with the evidence sought to be admitted or to establish the conclusion being drawn.

Exhibit

Physical (tangible) pieces of evidence are offered to the court for consideration.

Actual Evidence

The actual objects of the litigation, such as the weapon used in a crime or the purse that was stolen.

Documentary Evidence

A type of actual evidence, including writings like business reports, correspondence, or a contract.

Demonstrative Evidence

Exhibits created for use in court, such as diagrams, charts, and photographs.

Stipulation

An agreement between opposing counsel (usually in writing) about an issue or fact upon which opposing counsel agrees that is placed onto the record and binds all parties.

Judicial Notice

The recognition by the court of the existence and truth of specific facts that are universally accepted.

Direct Evidence

Evidence that proves a point, such as the testimony of an eyewitness.

Circumstantial Evidence

Indirect evidence that provides the jury with information from which inferences may be drawn.

Relevancy

The standard by which testimony or physical evidence is evaluated; it relates directly to the fact in question and proves, or tends to prove, a particular legal theory.

Impeachment

A class of methods for attacking the credibility of a witness.

Hearsay

An out-of-court statement offered in evidence to prove the truth of the matter asserted; a statement made while the declarant is not in court and under oath.