WWhhaat t isis Ev Evidideennccee LLaaww??

n Evidence means anything that tends to prove or disprove any fact during any legal proceeding. n Evidence law is the system that determines which of these facts may be brought up during a trial or hearing. n Evidence law often differs depending on the nature of the proceeding and sometimes based on the subject matter of the trial or hearing.

Evidence Lecture 1 Slide 1 WWhhyy H Haavvee E Evvidideennccee LLaaww?? n A fundamental question concerning evidence law is why have it at all? If a trial is supposed to be about the search for the truth, why not just let everything in and let the trier of fact sort it out? n Some answers: n Avoid confusing and diverting the attention of the trier of fact; n Efficiency of the trial process, in terms of time and expense; n Minimize the risk of unfair prejudice; n To the extent possible, avoid admitting false evidence; n Protect other important interests such as privileges.s.

Evidence Lecture 1 Slide 2 TThhee R Roolleess oof f tthhee Judg Judgee aanndd JJuurryy n In general, there are roles a court must fill in each case: n Trier of fact (decide, based on the evidence, what happened; and n Trier of Law (apply the rules of evidence and decide other necessary administrative questions). n Where there is a jury, the jury is the trier of fact and the judge is the trier of law n Therefore, it is the judge who makes virtually all decisions on the admissibility of evidence. n In fact, discussions on admissibility of evidence are often done outside the presence of the jury. n Where there is no jury (a judge trial), the same judge usually acts as both the trier of fact and the trier of law.

Evidence Lecture 1 Slide 3 Other Sources of Evidence Law Through History n Some sources of determining facts throughout history include: n Trial by ordeal n Trial by Battle n The ““ inquisitionition ” method of determining facts n Civil Law n Common Law n Oath Helpers n Trial by juryy

Evidence Lecture 1 Slide 4 TThhee Ad Advveerrssaarryy s syysstetem m aanndd Ev Evidideennccee LLaaw w n The ““ adversary systemm ” is based on the following principles: n Each side to a dispute has professional legal counsel; n Each side’ s counsel does what s/he can to win the case without being outright dishonest; and n Which ever side is ““ correctt ” will have the natural advantage and win the case. n Trial by jury is a big component of the adversary/ common law system. This includes having a jury that is: n Made up of the ““ peersrs ” of the litigants; n Uninformed about the case prior to trial; n (to the extent that is practical) n Impartial.rtial.

Evidence Lecture 1 Slide 5 SSoouurrcceess oof f EEvvidideennccee LLaaw w n Federal Rules of Evidence (federal court only) n Uniform Rules of Evidence n They were written by experts in the evidence law field and have been enacted in many states. n Other state rules or codes n Case law (state and federal) for issues not dealt with in the codes or rules n Constitutional law n This applied particularly to the rights of criminal defendants to avoid being subjected to certain types of evidence. For example: n Hearsay may violate the right to confront one’ ’ s accuser. n Allowing in fruits of an illegal search might violate the 4 th Amendment.

Evidence Lecture 1 Slide 6 PPrroocceedduurraal l vvss. . SSuubbssttaanntitivvee Law Law n Substantive law deals with the underlying rights and duties of the litigants n E.g., elements of a tort, contract requirements, etc. n Procedural law deals with the method by which a case is tried. n The Rules of Evidence are procedural law. n However, there are times where substantive law affects the rules of evidence, such as in the case of determining privileges..

Evidence Lecture 1 Slide 7 The Rules of Evidence are Procedural in Nature n Because the rules of evidence are procedural law, the Federal Rules of Evidence are applied in federal court even where state law would normally be applicable and vice versa. n However, where rules of evidence cross the line and deal with substantive law, applicable substantive law must be applied. n For example, regarding privileges, FRE Rule 501 says: n In civil actions and proceedings, with respect to an element of a claim or defense as to which State law supplies the rule of decision, the privilege of a witness, person, government, State, or political subdivision thereof shall be determined in accordance with State law.w.

Evidence Lecture 1 Slide 8