Evidence and Trial Practice

Learn how attorney-client privilege protects certain confidential communications for legal advice.

Understand authentication as the evidence step of showing that an item is what the proponent says it is.

The best evidence rule generally requires an original or acceptable duplicate when a party seeks to prove the contents of a writing, recording, or photograph.

Burden of persuasion is the duty to convince the factfinder that a fact or claim is true under the applicable proof standard.

Burden of production is the duty to present enough evidence on an issue for the factfinder to consider it.

The business records exception can allow certain regularly kept business records into evidence despite the hearsay rule.

Learn why character evidence is limited and how it differs from impeachment or other relevant proof.

A character witness is a witness who gives testimony about a person's character, reputation, or opinion when the evidence rules allow it.

Clear and convincing evidence is a proof standard requiring a high probability or firm belief in the truth of a fact.

Corroborating evidence is evidence that supports, confirms, or strengthens other evidence or testimony.

Understand demonstrative evidence as visual or illustrative material used to help explain facts or testimony.

Documentary evidence is evidence in the form of written, recorded, printed, or digital documents offered to prove facts.

An excited utterance is a statement relating to a startling event made while the speaker is still under the stress of that event.

Foundation is the preliminary showing that evidence is what it claims to be and is sufficiently connected to the case for admission.

Learn how judicial notice lets a court accept certain facts without ordinary evidence.

Learn how lay witnesses testify from personal knowledge and how they differ from expert witnesses.

Understand leading questions and why courts treat them differently on direct and cross-examination.

Learn how materiality identifies facts that matter under the legal issues in a case.

Physical evidence is tangible evidence, such as an object, item, substance, or material thing connected to a legal dispute.

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

A present sense impression is a statement describing or explaining an event made while the speaker perceives it or immediately afterward.

A prior inconsistent statement is an earlier statement that conflicts with a witness's current testimony and may be used to impeach credibility.

Understand privilege as an evidence and discovery doctrine that can protect certain communications from disclosure.

Real evidence is evidence presented as the actual object, item, place, or thing involved in the events of a case.

Understand relevance as the basic evidence rule asking whether information tends to matter to the dispute.

A statement against interest is a statement that was so contrary to the speaker's own legal, financial, or penal interest when made that it may fit a hearsay exception.

Voir dire is a questioning process used to evaluate potential jurors or, in some contexts, to examine whether a witness or evidence issue meets legal requirements.

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.