7/3/18 What Is Evidence and What Is Admissible Evidence?

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  • Evidence

The many types of information presented to a judge or jury designed to convince them of the truth or falsity of key facts. Evidence typically includes testimony of witnesses, documents, photographs, items of damaged property, government records, videos, and laboratory reports. Strict rules limit what can be properly admitted as evidence, but dozens of exceptions often mean that creative lawyers find a way to introduce such testimony or other items into evidence.

  • Admissible Evidence

The evidence that a trial judge may allow in at a trial for the judge or jury to consider in reaching a decision. Evidence is admitted or deemed inadmissible based on the applicable rules of evidence in the place where the case is being heard. The basic rules of evidence are the same in almost all jurisdictions. There are also both federal and military rules.

And when or why may evidence be deemed inadmissible?

  • Inadmissible Evidence

Testimony or other evidence that fails to meet state or federal court rules governing the types of evidence that can be presented to a judge or jury. The main reason evidence is ruled inadmissible is because it falls into a category deemed so unreliable that a court should not consider it as part of a deciding a case –for example, hearsay evidence or an expert’s opinion that is not based on facts generally accepted in the field. Evidence will also be declared inadmissible if it suffers from some other defect — for example, as compared to its value, it will take too long to present or risks inflaming the jury. In addition, in criminal cases, evidence that is gathered using illegal methods is commonly ruled inadmissible.

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