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For evidence to be admissible enough to be admitted, the party proffering the evidence must be able to show that the source of the evidence makes it so. If evidence is in the form of witness testimony, the party that introduces the evidence must lay the groundwork for the witness's credibility and knowledge.
The admissibility of hearsay evidence in criminal proceedings has been governed by the Criminal Justice Act 2003 which effectively replaced the common law regime and abolished all common law hearsay exceptions (except those preserved by s.118) including the dying declaration exception.
In United States law, the Frye standard, Frye test, or general acceptance test is a judicial test used in some U.S. state courts to determine the admissibility of scientific evidence. It provides that expert opinion based on a scientific technique is admissible only when the technique is generally accepted as reliable in the relevant scientific ...
Under the common law, such evidence was at one time considered hearsay - a statement made out of court being introduced to prove the truth of the statement - and was not admissible except to rebut the testimony of an opposing expert witness. There were four ways to introduce such evidence: [citation needed]
Evidence governs the use of testimony (e.g., oral or written statements, such as an affidavit), exhibits (e.g., physical objects), documentary material, or demonstrative evidence, which are admissible (i.e., allowed to be considered by the trier of fact, such as jury) in a judicial or administrative proceeding (e.g., a court of law).
Wright had argued that the letters were admissible because they showed that the testator was seen and treated as a competent in the eyes of those who knew him. Tatham argued that they were inadmissible and so would have to sworn under oath before they could be admissible.
To be admissible, the evidence referred to in the document must itself be admissible. The person supplying the information must have had personal knowledge of it (or be reasonably supposed to have had), and everyone else through whom the information was supplied must have also been acting in the course of business.
For example, in a DUI case, the prosecutor may not admit evidence of a prior instance of driving impaired to show that the defendant acted in conformity and drove impaired on the day he is charged with doing so. However such evidence may be admissible if the defense has argued the defendant had no knowledge driving impaired was a crime.