Evidence Outline

Evidence Outline

I. Introduction:
A. Evidence is any matter, verbal or physical (testimony or exhibits), used to support the existence of a factual proposition
B. 3 Main Purposes of Evidence:
i. governs what information may be considered by the fact-finders
a.) except if judge must make determination, not bound by FREvid.
ii. regulates the way in which that information may be communicated
iii. sets forth the respective roles of the judge and jury
C. We have an adversarial system of justice
i. party presentation of evidence for their side
ii. many other countries have “inquisitorial” systems
a.) judge examines evidence and determines facts
D. Trial Record:
i. 2 Purposes:
a.) evidence on the record is the only information that trier of fact can consider in reaching a decision
b.) when there is an appeal, the only matter that can be appealed is what is on the trial record→ must work with what is on the trial record
ii. Trial Record Make-up:
a.) evidence
b.) objections
c.) instructions to the jury
d.) testimony
e.) the pleadings and filing in the case
f.) motions
g.) anything said and admitted or excluded at trial
h.) etc.
E. History of Evidence:
i. arose in England as common law rules
ii. 1940’s efforts began to codify rules ≠ successful
a.) Model Code of Evidence
b.) Uniform Rules of Evidence
iii. 1970’s Supreme Court created advisory committee on evidence
a.) created Fed Rules of Evidence and advisory committee notes
b.) Congress approved and made statute in 1975 (only Federal Cts)
i.) advisory committee notes are not statutory
iv. Most states have created (copied) their own states rules of evidence
v. Rules of evidence don’t, by and large, apply to administrative proceedings
F. Voire Dire:
a.) a hearing to determine the admissibility of evidence
b.) also refers to term used in jury selection
G. Stages of a Trial:
i. Jury Select