What Is The First Rule Of Evidence?

What is the first rule of evidence quizlet?

FRE: a witness may not testify to a matter unless evidence is first introduced that is sufficient to support a finding that the witness has personal knowledge of the matter..

What is best evidence rule in law?

The best evidence rule is a legal principle that holds an original of a document as superior evidence. The rule specifies that secondary evidence, such as a copy or facsimile, will be not admissible if an original document exists and can be obtained.

What is positive evidence?

Direct proof of the fact or point in issue, as distinguished from circumstantial proof; proof that if believed, establishes the truth or falsity of a fact in issue and does not arise from a presumption.

What are 4 types of evidence?

There are four types evidence by which facts can be proven or disproven at trial which include:Real evidence;Demonstrative evidence;Documentary evidence; and.Testimonial evidence.

What are the five rules of evidence?

These relate to five properties that evidence must have to be useful.Admissible.Authentic.Complete.Reliable.Believable.

What are the rules for evidence?

In legal terms, evidence covers the burden of proof, admissibility, relevance, weight and sufficiency of what should be admitted into the record of a legal proceeding.

What is the secondary evidence rule?

A reproduction of, or substitute for, an original document or item of proof that is offered to establish a particular issue in a legal action. Courts prefer original, or primary, evidence. … They try to avoid using secondary evidence wherever possible. This approach is called the best evidence rule.

Are recorded statements admissible in court?

If the statement is from a party to the litigation, then it is admissible aganst that party. If the statement is of a witmess, then it would be hearsay unless the witness testifies and the statemen is being offiered as a prior inconsistent…

What are primary and secondary evidence?

Primary Evidence is original document which is presented to the court for its inspection. Secondary Evidence is the document which is not original document but those documents which are mentioned in Section. 63. … Giving Primary Evidence is general rule. Giving Secondary Evidence is exception to the general rule.

Can photocopies be used as evidence in court?

Photocopies are secondry evidence. The primary evidence is the original copy which is admissible in evidence. However if the party states that the original is lost or is in possession of the opposite party and gives notice to produce the original, photocopy may be admitted.

What evidence is not allowed in court?

To be admissible in court, the evidence must be relevant (i.e., material and having probative value) and not outweighed by countervailing considerations (e.g., the evidence is unfairly prejudicial, confusing, a waste of time, privileged, or based on hearsay).