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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.
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).
Therefore, evidence is either relevant or it is not and if the evidence is not relevant then no further question arises about its admissibility. [28] However, logical relevance isn't sufficient to establish the potential admissibility of the evidence and is still possible for the evidence to be inadmissible.
The Act moves some of the focus of hearsay evidence to weight, rather than admissibility, setting out considerations in assessing the evidence (set out in summary form): [16] Reasonableness of the party calling the evidence to have produced the original maker; Whether the original statement was made at or near the same time as the evidence it ...
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.
An admission in the law of evidence is a prior statement by an adverse party which can be admitted into evidence over a hearsay objection. In general, admissions are admissible in criminal and civil cases. [1] At common law, admissions were admissible.
The Evidence Act 2006 is an Act of the Parliament of New Zealand that codifies the laws of evidence.When enacted, the Act drew together the common law and statutory provisions relating to evidence into one comprehensive scheme, replacing most of the previous evidence law on the admissibility and use of evidence in court proceedings.
In Daubert, the court ruled that nothing in the Federal Rules of Evidence governing expert evidence "gives any indication that 'general acceptance' is a necessary precondition to the admissibility of scientific evidence. Moreover, such a rigid standard would be at odds with the Rules' liberal thrust and their general approach of relaxing the ...