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Rules of evidence
From Wikipedia, the free encyclopedia
Rules of evidence govern whether, when, how, and for what purpose proof of a case may be placed before a trier of fact for consideration.
In the judicial systems of Canada and the United States, the trier of fact may be a judge or a jury, depending on the purpose of the trial and the choices of the parties.
The rules of evidence have been developed over the last thousand years and are based upon the rules from English Common Law brought to the New World by early settlers. Their purpose is to be fair to both parties, disallowing the raising of allegations without a basis in provable fact. They are sometimes criticized as a legal technicality, but are an important part of the system for achieving a just result.
Prevailing in court requires a good understanding of the rules of evidence in the given venue. The rules vary depending upon whether the venue is a criminal court, civil court or family court, and they vary by jurisdiction. One reason to have a lawyer, among others, is that he or she should be familiar with the rules of evidence. If one were allowed simply to tell the court what one knew to be the truth, and how one knew it, one might prevail. However, the rules of evidence may prohibit one from presenting one's story just as one likes.
Some important rules involve relevance, privilege, witnesses, opinions, expert testimony, hearsay, authenticity, identification and rules of physical evidence.
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