Evidence and Trial Practice

Admissible evidence is evidence a court permits a party to present and rely on under the governing rules.

An affidavit is a written statement sworn or affirmed to be true and used in legal proceedings for specified purposes.

Beyond a reasonable doubt is the highest common proof standard and is generally required for criminal conviction.

The burden of proof is the obligation to prove a claim or charge to the level of certainty the law requires.

Chain of custody is the documented handling history of evidence used to show that the item remained identifiable and untampered with.

Circumstantial evidence is evidence that suggests a fact through inference rather than proving it directly.

Clear and convincing evidence is an intermediate proof standard stronger than preponderance of the evidence but lower than beyond a reasonable doubt.

Cross-examination is the questioning of a witness by the opposing party after direct examination.

Direct evidence is evidence that, if believed, proves a fact without requiring an additional inference.

Direct examination is the questioning of a witness by the party that called the witness to testify.

Plain-language explanations of proof standards, witness evidence, documentary evidence, and common trial-use evidence terms.

Evidence is the information, testimony, objects, or documents used to prove or disprove facts in a legal proceeding.

An expert witness is a witness permitted to offer specialized opinion testimony based on knowledge, skill, training, education, or experience.

Hearsay is an out-of-court statement offered to prove the truth of what the statement asserts.

Impeachment is the process of challenging a witness's credibility or reliability.

An objection is a party's formal challenge to a question, answer, exhibit, or procedure during a legal proceeding.

Preponderance of the evidence is the common civil proof standard requiring that a claim be more likely true than not.

Testimony is evidence given by a witness under oath or affirmation in court or another formal legal proceeding.

A witness is a person who gives testimony or other relevant information in a legal proceeding.