hackthebarLogical Relevance
Evidence is logically relevant if it tends to make the existence of any fact of consequence to the determination of the action more or less probable than it would be without the evidence.
Evidence rule statements
Evidence law governs the admissibility of information in legal proceedings, whether in the form of testimony, documents, or physical evidence. Key principles include relevance, reliability, hearsay, privileges, and the rules governing expert and lay witness testimony. A strong grasp of evidence law is crucial for attorneys to effectively present their clients' cases and to challenge or support the admissibility of specific evidence during trial.
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Hearsay
Hearsay is an out of court statement by a declarant offered to prove the truth of the matter asserted. Hearsay evidence is inadmissible unless it falls within an exception or exemption to the rule. Hearsay within hearsay is admissible only if both the outer and inner layers fall within a hearsay exception.
Statement by Opposing Party
A statement made by an opposing party, when offered by the opponent, is admissible as nonhearsay. It is not necessary for the statement to be against the speaker's interest in order to be admissible.
Subsequent Remedial Measures
Evidence of safety measures or repairs after an accident is inadmissible to prove negligence or to prove defective design in a products liability case, but it is admissible to prove ownership or control, to rebut a claim of no feasible precaution, or to prove destruction of evidence.
Settlement Offers
Evidence of offers to settle are inadmissible to prove the validity or amount of a disputed claim. Statements made during settlement discussions are also inadmissible.
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