Law of Evidence

Definition and Purpose

• The law of evidence is a set of rules that govern the admissibility of evidence in a legal proceeding.
• Its purpose is to ensure that evidence presented in court is reliable, relevant, and fair.

Types of Evidence

• Real evidence: Physical objects or documents that are relevant to the case.
• Testimonial evidence: Statements made by witnesses.
• Circumstantial evidence: Indirect evidence that implies the existence of a fact.
• Hearsay evidence: Statements made by someone other than the witness, offered to prove the truth of the matter asserted.

Admissibility of Evidence

• Relevance: Evidence must be relevant to the case and have a tendency to prove or disprove a fact.
• Reliability: Evidence must be trustworthy and reliable.
• Materiality: Evidence must be relevant to a material issue in the case.
• Exclusionary rules: Rules that exclude certain types of evidence, such as hearsay or privileged communications.

Burden of Proof

• Burden of production: The obligation to present evidence to support a claim.
• Burden of persuasion: The obligation to convince the trier of fact of the truth of a claim.
• Standard of proof: The level of proof required to meet the burden of persuasion, such as "beyond a reasonable doubt" or "by a preponderance of the evidence".

Witnesses and Testimony

• Competency: The ability of a witness to testify, based on factors such as age, mental capacity, and credibility.
• Privilege: The right to refuse to testify or disclose certain information, such as attorney-client communications.
• Impeachment: The process of attacking a witness's credibility.

Exclusionary Rules

• Hearsay rule: Excludes statements made by someone other than the witness, offered to prove the truth of the matter asserted.
• Exclusion of irrelevant evidence: Excludes evidence that is not relevant to the case.
• Exclusion of privileged communications: Excludes evidence that is protected by a privilege, such as attorney-client communications.

Presumptions and Inferences

• Presumptions: Conclusions that are assumed to be true unless disproven.
• Inferences: Conclusions that can be drawn from the evidence.
• Permissive inferences: Inferences that may be drawn, but are not required.
• Mandatory inferences: Inferences that must be drawn.