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Historical method is the collection of techniques and guidelines that historians use to research and write histories of the past. Secondary sources, primary sources and material evidence such as that derived from archaeology may all be drawn on, and the historian's skill lies in identifying these sources, evaluating their relative authority, and combining their testimony appropriately in order ...
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.
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).
The Federal Rules of Evidence states rules regarding a piece of evidence's relevancy and whether or not it is admissible. [7] F.R.E. 402 states relevant evidence is admissible unless otherwise excluded by: "The U.S. Constitution, a federal statute, the Federal Rules of Evidence, or other rules proscribed by the Supreme Court."
To be admissible, the evidence must be otherwise admissible, and the maker of the statement identified to the court's satisfaction. Additionally, the absent person making the original statement must fall within one of following categories: [19] Dead; Unfit to be a witness because of bodily or mental condition
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.
However, there was no physical evidence of a crime, and since Chambers was not the victim, his dying declaration was not admissible as evidence, and the son was never brought to trial. [1] The first use of the dying declaration exception in American law was in the 1770 murder trial of the British soldiers responsible for the Boston Massacre.