Rules of Evidence

Federal Rules of Evidence

A body of procedural rules governing the use of evidence in both civil and criminal cases in federal courts.

Relevance

Evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable.

Fed.R.Evid. 402

Rule that provides for the general admissibility of relevant evidence.

Fed.R.Evid. 403

Rule that allows for exclusion of relevant evidence due to prejudice, confusion, or waste of time.

Admissibility

Any evidence that may be introduced to a factfinder—usually a judge or jury—to establish or bolster a point asserted by a party.

Weight of Evidence

Refers to the persuasiveness or believability of admitted evidence.

Best Evidence Rule

Requires the original document or recording to be submitted as evidence, unless an exception applies.

Burden of Proof

The necessity or duty of a party to prove the issues in a legal dispute.

Character Evidence

Evidence of a person's character based on reputation, permissible under Fed.R.Evid. 404.

Circumstantial Evidence

Evidence that supports the creation of an inference that the matter asserted is true.

Demonstrative Evidence

Evidence in the form of an object or thing, considered more interesting and explanatory to a jury.

Direct Evidence

Evidence that supports the truth of an assertion directly, without inference.

Exclusionary Rule

Prevents the government from using evidence gathered in violation of the United States Constitution.

Exculpatory Evidence

Evidence favorable to the criminal defendant that tends to exonerate them of guilt.

Expert Evidence

The opinion of a qualified expert witness regarding specialized subject matter.

Extrinsic Evidence

External evidence that is inadmissible or not properly before the court.

Hearsay

A statement offered in evidence to prove the truth of the matter asserted, not made while testifying.

Business Records Exception

An exception to the Hearsay Rule applying to writing or records kept in the regular course of business.

Dying Declaration

A statement made by a person who is unavailable to testify, made under belief of impending death.

Statement Against Interest

A statement made by a person placing them in a disadvantageous position, admissible as an exception to hearsay.

Present Sense Impression

Hearsay evidence describing an event while it was occurring or immediately thereafter.

Impeachment of Witness

The process of questioning the credibility of an individual testifying in a trial.

Indirect Evidence

Evidence that implies something occurred but doesn't directly prove it.

Judicial Notice

A rule that allows a fact to be introduced into evidence if its truth cannot reasonably be doubted.

Lack of Personal Knowledge

A witness may testify only if evidence shows they have personal knowledge of the matter.

Lay Witness Opinion Testimony

Allowed only if rationally based on perception and helpful to understanding a fact in issue.

Leading Questions

Questions that suggest the answer and are considered impermissible in trial.

Objection to evidence

An attorney's protest during trial regarding the admissibility of evidence.

Opinion on Ultimate Issue

A qualified expert witness may provide an opinion on the ultimate legal issue in contention.

Parol Evidence Rule

Excludes oral evidence that changes or modifies the terms of a written contract.

Prima Facie Evidence

Evidence that is true on the face of it and sufficient to preclude the dismissal of a case.

Past Recollection Recorded

A writing representing a witness's account of events recorded when fresh in their mind.

Presumption

A rule that requires assuming a fact from another established fact.

Prior Inconsistent Statements

Statements made by a witness that contradict statements made on the witness stand.

Probative Value

The extent to which relevant evidence tends to prove the proposition for which it is offered.

Rebuttable Presumption

Evidence produced to oppose or disprove the evidence presented by an opponent.

Rebuttal Evidence

Evidence given to counteract or disprove the evidence presented by an opposing party.

Scope of Cross-Examination

Limited to the subject matter of direct examination and matters affecting credibility.

Suppression of Evidence

Excluding evidence obtained through unconstitutional means from a trial.

Unresponsive Answer

An answer given by a witness that does not relate to the question asked.