Criminal Evidence and Rules of Admissibility Study Guide

Evidence is how parties in a legal case prove or disprove claims. According to Rule $128$, Section $1$, evidence is the means that helps determine the truth about a fact in a judicial setting.

• Relevant Evidence: Rule $128$, Section $4$ states that evidence is relevant if it helps support the belief in either the existence or non-existence of the fact in question.

• Collateral Matters: Evidence related to side issues is typically not allowed unless it helps establish the likelihood of the main fact.

• Factum Probandum: This is the main fact that needs to be proven, like the elements of a crime or a contract breach.

• Factum Probans: These are the pieces of evidence (objects, documents, testimonies) used to demonstrate the main fact (Factum Probandum).

• Proof vs. Evidence: Evidence refers to the tools used to prove a fact, while proof is the conclusion reached based on that evidence.

• Admissibility: Under Rule $128$, Section $3$, evidence can be admitted if it is relevant and not excluded by law or the Constitution. To be admissible, evidence needs to be relevant and competent.

• Weight and Sufficiency: Weight measures how convincing the evidence is, while sufficiency determines if the evidence is adequate to prove the case at hand.