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The bulk of the law of evidence regulates the types of evidence that may be sought from witnesses and the manner in which the interrogation of witnesses is conducted such as during direct examination and cross-examination of witnesses. Otherwise types of evidentiary rules specify the standards of persuasion (e.g., proof beyond a reasonable ...
The court decided to grant the writ, based on a lack of recent evidence that the petitioner was competent at the time of the trial. The case was remanded to the district court for a new hearing to evaluate Dusky's competence to stand trial, and for a new trial if he was found competent. [6]
An expert witness is a witness, who by virtue of education, training, skill, or experience, is believed to have expertise and specialised knowledge in a particular subject beyond that of the average person, sufficient that others may officially and legally rely upon the witness's specialized (scientific, technical or other) opinion about an evidence or fact issue within the scope of his ...
The following outline is provided as an overview of and topical guide to evidence law in the United States: Evidence law in the United States – sets forth the areas of contention that generally arise in the presentation of evidence in trial proceedings in the U.S.
The "some credible evidence" standard is used as a legal placeholder to bring some controversy before a trier of fact, and into a legal process. It is on the order of the factual standard of proof needed to achieve a finding of "probable cause" used in ex parte threshold determinations needed before a court will issue a search warrant.
Rule 605. Judge's Competency as a Witness; Rule 606. Juror's Competency as a Witness. Rule 607. Who May Impeach a Witness; Rule 608. A Witness's Character for Truthfulness or Untruthfulness; Rule 609. Impeachment by Evidence of a Criminal Conviction; Rule 610. Religious Beliefs or Opinions; Rule 611. Mode and Order of Examining Witnesses and ...
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.
incompetent witness (e.g., child, mental or physical impairment, intoxicated) irrelevant, immaterial (the words "irrelevant" and "immaterial" have the same meaning under the Federal Rules of Evidence. Historically, irrelevant evidence referred to evidence that has no probative value, i.e., does not tend to prove any fact.