Federal Rules of Evidence
Federal Rules of Evidence
April 03, 2011 (1) In determining testimony, documents, and tangible objects, the judge or jury will rely on the Federal Rules of Evidence and/or applicable state rules of evidence. There are eleven specific functions, qualifications, and categories of evidence that make up the Federal Rules of Evidence. These eleven sections cover the following: 1. General provisions 2. Judicial notice 3. Presumptions in civil actions and proceedings 4. Relevancy and its limits 5. Privileges 6. Witnesses 7. Opinions and expert testimony 8. Hearsay 9. Authentication and identifications 10. Contents of writings, recordings, and photographs 11. Miscellaneous rules.
Congress enacted the Federal Rules of Evidence (FRE) in 1975 for the purpose of promoting truth and fairness, in practical terms. They apply to civil and criminal judicial proceedings in the federal court system, but many states have adopted similar rules which help promote uniformity in the laws and procedures nationwide. As stated by Thayer J., (1889)“Evidence is any matter of fact which is furnished to a legal tribunal, otherwise than by reasoning or a reference to what is noticed without proof, as the basis of inference in ascertaining some other matter of fact.” Admissible evidence is relevant. Testimony that is direct personal knowledge or observation and that if true proves a fact without inference or presumption. Documentary evidence (e.g., a written contract, a deed) must be authenticated before the evidence is admissible unless, there is no question on the authenticity or the originals are lost, destroyed or made unattainable. Secondary evidence should be notarized to offer authenticity of the original document if needed. Tangible evidence is physical evidence that is either real (e.g. a murder weapon) or demonstrative (e.g. showing the type of motion used when striking a victim), or illustrative (e.g. models or charts).
April 03, 2011 (1) In determining testimony, documents, and tangible objects, the judge or jury will rely on the Federal Rules of Evidence and/or applicable state rules of evidence. There are eleven specific functions, qualifications, and categories of evidence that make up the Federal Rules of Evidence. These eleven sections cover the following: 1. General provisions 2. Judicial notice 3. Presumptions in civil actions and proceedings 4. Relevancy and its limits 5. Privileges 6. Witnesses 7. Opinions and expert testimony 8. Hearsay 9. Authentication and identifications 10. Contents of writings, recordings, and photographs 11. Miscellaneous rules.
Congress enacted the Federal Rules of Evidence (FRE) in 1975 for the purpose of promoting truth and fairness, in practical terms. They apply to civil and criminal judicial proceedings in the federal court system, but many states have adopted similar rules which help promote uniformity in the laws and procedures nationwide. As stated by Thayer J., (1889)“Evidence is any matter of fact which is furnished to a legal tribunal, otherwise than by reasoning or a reference to what is noticed without proof, as the basis of inference in ascertaining some other matter of fact.” Admissible evidence is relevant. Testimony that is direct personal knowledge or observation and that if true proves a fact without inference or presumption. Documentary evidence (e.g., a written contract, a deed) must be authenticated before the evidence is admissible unless, there is no question on the authenticity or the originals are lost, destroyed or made unattainable. Secondary evidence should be notarized to offer authenticity of the original document if needed. Tangible evidence is physical evidence that is either real (e.g. a murder weapon) or demonstrative (e.g. showing the type of motion used when striking a victim), or illustrative (e.g. models or charts).
Citations: Weblocater. (2010), Texas Contract Law. Retrieved from http://www.weblocator.com/attorney/tx/law/b02.html Chaper 923. (2010). Statue of Frauds. Retrieved from http://www.cga.ct.gov/2005/pub/Chap923.htm#Sec52-551.htm U.S. government 's official web portal. (2010, Oct 21). U.S. Government Departments and Agencies Retrieved from http://www.usa.gov/Agencies/Federal/All_Agencies/index.shtml