FindLaw | Find a Lawyer. Find Answers.
Are you a legal Professional?
Evidence: The Concept of "Admissibility"
Evidence comes in four basic forms:
- Demonstrative evidence
- Documentary evidence
- Real evidence
- Testimonial evidence
Some rules of evidence apply to all four types and some rules apply to one or two of them. All of these forms of evidence must be admissible, though, before they can be considered as probative of an issue in a trial.
Basically, if evidence is to be admitted at court, it must be relevant, material, and competent. To be considered relevant, it must have some reasonable tendency to help prove or disprove some fact. It need not make the fact certain, but at least it must tend to increase or decrease the likelihood of some fact. Once admitted as relevant evidence, the finder of fact (judge or jury) will determine the appropriate weight to give a particular piece of evidence. A given piece of evidence is considered material if it is offered to prove a fact that is in dispute in a case. Competent evidence is that evidence that accords with certain traditional notions of reliability. Courts are gradually diminishing the competency rules of evidence by making them issues related to the weight of evidence.
FAQs
- What should I do if I receive a subpoena?
- What do I do if I'm called to be a witness at a trial?
- Should I talk to the police if they want to question me about a criminal investigation?
- Who are witnesses? What makes a good witness?
- How may I recognize and preserve evidence to help me at my trial?
Criminal Law Resources
- Criminal Law Forms [$]
- Expungement/Criminal Record Handbook [$]
- Case Intake Form: After an Arrest
- Checklist: Have Your Arrest Rights Been Violated?
- Documents to Gather: After An Arrest
- Questionnaire: Choosing a Juvenile Defense Attorney
- The FindLaw Crime & Criminals Blog
- Find Chicago DUI Lawyers
- Find DUI Lawyers in All Locations
- Decided: The FindLaw Noteworthy Decisions & Settlements Blog
Put a stop to it today. Get the guides, letters and forms you need to take back your identity.
Download more than 50,000 state-specific legal forms. Real estate documents, power of attorney forms, wills, employment contracts, divorce and separation agreements and much more.
Fast and friendly legal document service from LegalZoom, the #1 online legal document service.