Legal Dictionary: Evidence Law

DEFINITION

• Evidence is the body of law that covers the burden of proof, admissibility, relevance, weight and sufficiency of what should be admitted into the record of a legal proceeding.

• The Federal Rules of Evidence govern the admissibility of evidence at trials in federal court. Each state also has its own rules of evidence, mostly modeled after the Federal Rules, that apply to state court proceedings.

• There are four traditional types of evidence: real evidence (tangible things like a weapon), demonstrative (a model or photograph), documentary (a writing or other document), and testimonial (testimony by a witness).

• Evidence is relevant when it has a tendency to make the fact that it is offered to prove or disprove either more or less probable.

• The burden of producing evidence means that the party that cites specific facts for the substantiation of its claim, also has the burden of producing the evidence to prove these facts.

• In civil proceedings, the plaintiff has the burden of proving the facts by a preponderance of the evidence. In a criminal matter, the prosecution bears the burden of proof beyond a reasonable doubt.

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OTHER BUZZWORDS

• Character Evidence
• Circumstantial Evidence
• Exclusionary Rule
• Expert Testimony
• Hearsay

For more definitions, visit the FindLaw Legal Dictionary.

RELATED PRACTICE AREAS

Criminal Law
Personal Injury -- Plaintiff