"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."
Understanding what types of evidence are admissible in criminal trials, such as physical evidence, witness testimony, and expert testimony.
Introduction to Evidence: This involves understanding what constitutes evidence in criminal trials, its purpose, and its admissibility.
Types of Evidence: Understanding the various types of evidence, including testimonial evidence, documentary evidence, physical evidence, and circumstantial evidence.
The Burden of Proof: This topic involves understanding the concept of burden of proof in criminal trials, which refers to the responsibility of the prosecution to prove the defendant's guilt beyond a reasonable doubt.
Presumptions: This involves understanding the legal presumptions that affect how evidence is evaluated in criminal trials.
Rules of Evidence: Understanding the rules that govern the admissibility of evidence in criminal trials, including the hearsay rule, the best evidence rule, and the exclusionary rule.
Witnesses: Understanding the role of witnesses in criminal trials, their credibility, and how their testimony is evaluated.
Expert Witnesses: Understanding the role of expert witnesses in criminal trials, the requirements for qualifying as an expert, and the admissibility of expert testimony.
Character Evidence: Understanding the rules that apply to the use of character evidence in criminal trials, including the propensity rule, the character witness rule, and prior bad acts.
Privileges: Understanding the various privileges that protect certain types of information from being introduced as evidence in criminal trials.
Relevance: Understanding the concept of relevance in criminal trials, including how evidence is evaluated for its relevance and how to object to irrelevant evidence.
Authentication and Identification: Understanding the requirements for authenticating and identifying evidence, including physical evidence, documentary evidence, and testimonial evidence.
Chain of Custody: Understanding the importance of maintaining the chain of custody for physical evidence and other types of evidence.
Objections: Understanding the different types of objections that can be raised in criminal trials, including relevance, hearsay, and the best evidence rule.
The Role of the Judge: Understanding the role of the judge in criminal trials, including how they evaluate evidence, make legal rulings, and manage the proceedings.
Jury Instructions: Understanding how jury instructions are crafted, the role of the judge in issuing jury instructions, and how they affect the outcome of the trial.
Direct Evidence: Evidence that points directly to the guilt or innocence of a defendant. For example, eyewitness testimony or a recorded confession.
Circumstantial Evidence: Evidence that suggests guilt or innocence without actually proving it. For example, the defendant's fingerprints found at the crime scene.
Testimonial Evidence: Evidence based on verbal statements of witnesses or experts. For example, expert testimony about DNA evidence.
Documentary Evidence: Evidence in the form of written or recorded documents. For example, a contract or a police report.
Physical Evidence: Evidence that is tangible and can be seen or touched. For example, a murder weapon or a shoe print.
Demonstrative Evidence: Evidence that is used to illustrate or explain aspects of the case. For example, a diagram or a model.
Hearsay Evidence: Evidence that is based on statements made by someone who is not a witness in the trial. This type of evidence is generally not admissible in court.
Real Evidence: Evidence that is an actual object involved in the crime. For example, a bag of drugs seized by police.
Character Evidence: Evidence that is used to establish a defendant's character. For example, evidence of a defendant's prior criminal history.
Exculpatory Evidence: Evidence that tends to show that the defendant is not guilty. For example, evidence that another person committed the crime.
"These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision."
"The trier of fact is a judge in bench trials, or the jury in any cases involving a jury."
"The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation."
"The rules vary depending upon whether the venue is a criminal court, civil court, or family court, and they vary by jurisdiction."
"The quantum of evidence is the amount of evidence needed."
"The quality of proof is how reliable such evidence should be considered."
"Important rules that govern admissibility concern hearsay, authentication, relevance, privilege, witnesses, opinions, expert testimony, identification, and rules of physical evidence."
"There are various standards of evidence...ranging from reasonable suspicion to preponderance of the evidence, clear and convincing evidence, or beyond a reasonable doubt."
"There are several types of evidence, depending on the form or source."
"Evidence governs the use of testimony (e.g., oral or written statements, such as an affidavit)."
"Evidence governs the use of...exhibits (e.g., physical objects)."
"Evidence governs the use of...documentary material."
"Evidence governs the use of...demonstrative evidence, which are admissible (i.e., allowed to be considered by the trier of fact, such as a jury) in a judicial or administrative proceeding."
"When a dispute reaches the court, there will always be a number of issues which one party will have to prove in order to persuade the court to find in his or her favor."
"The law must ensure certain guidelines are set out in order to ensure that evidence presented to the court can be regarded as trustworthy."