Rules of Evidence Miss Orr.

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Presentation transcript:

Rules of Evidence Miss Orr

What is evidence? “That” which tends to prove or disprove a fact in issue Admission of evidence determines if a jury will be allowed to “hear” it.

Four types of evidence Direct Circumstantial Physical Oral

Rules of Evidence To ensure a fair trial, rules were established to govern the introduction of evidence.

Rule 1 – “Leading Question” It suggests an answer desired by the questioner, usually facts not previously discussed. Ex. Did you go to the movie theater that night?

Rule 2 – “Narration” When the witness provides more information than what the question is called for.

Is the testimony related to the subject matter of the case? Rule 3 – “Relevance” Is the testimony related to the subject matter of the case?

Rule 4 – “Firsthand Knowledge” Witnesses MUST HAVE directly seen, heard, or experienced whatever it is they are testifying about.

Rule 5- “Opinions” Unless the witness is an expert in the field, i.e. medicine, they an opinion MAY NOT be given as testimony!