In law, evidence is an object of some kind, a document of some kind, or the testimony of a person in a court of law.[1] Evidence is used to show something is either true or false.[1] Evidence has to follow rules in most jurisdictions. In the United States, for example, evidence was based on legal precedent until 1975. In that year Congress created the Federal Rules of Evidence.[2] They became the official rules that all forms of evidence must follow in federal courts.[2] Most states in the US use rules based on the federal rules.[2] China, while a civil law country, has followed much of the US Federal Rules of Evidence in their " Uniform Provisions of Evidence".[3]

A subpoena can be used to require a person or organization to provide documents used for evidence.

Admissibility of evidence

In most jurisdictions there are exclusionary rules that automatically suppress certain kinds of evidence. For example, in the US, this may be evidence that violates the constitutional rights of a defendant. To be admissible in most jurisdictions, evidence must be relevant and it must be reliable.[4] In most cases evidence that may prejudice a jury or judge against a defendant is inadmissible.[4]

Kinds of evidence

References

  1. 1.0 1.1 Jonathan Wallace; Susan Ellis Wild, Webster's New World Law Dictionary (Boston: Houghton Mifflin Harcourt, 2010), p. 136
  2. 2.0 2.1 2.2 "evidence". The Free Dictionary/Farlex. Retrieved 25 October 2015.
  3. John J. Capowski, 'China’s Evidentiary and Procedural Reforms, the Federal Rules of Evidence, and the Harmonization of Civil and Common Law', Texas International Law Journal, Vol. 47, Issue 3 (Spring 2012), p. 455
  4. 4.0 4.1 "What Is Admissible Evidence?". LegalMatch. Retrieved 25 October 2015.
  5. 5.0 5.1 5.2 5.3 "Evidence". In Brief/Broad Meadows Opportunities Limited. Archived from the original on 1 November 2015. Retrieved 25 October 2015.
  6. "hearsay evidence". The Free Dictionary/Farlex. Retrieved 25 October 2015.
  7. 7.0 7.1 "What are the Rules of Evidence?". FindLaw. Retrieved 25 October 2015.
  8. 8.0 8.1 Saul McLeod (2009). "Eyewitness Testimony". Simply Psychology. Retrieved 25 October 2015.
  9. Louis Blom-Cooper, Power of Persuasion: Essays by a Very Public Lawyer (Oxford: Hart Publishing, 2015), p. 280
  10. "What is Corroborating Evidence?". The Law Dictionary. Retrieved 25 October 2015.
  11. "Federal Rules of Evidence: Rule 702. Testimony by Expert Witnesses". Cornell University Law School. Retrieved 25 October 2015.