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Evidence (law)

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The law of evidence is a set of rules used in court. These rules decide what information can be used to prove facts. A person in a trial is called the trier of fact. This might be a judge or a jury. The rules help decide the quality and amount of proof needed. They also decide if a piece of information is allowed.

Different courts use different rules. Criminal courts, civil courts, and family courts all have their own ways of working. Judges must decide if evidence is reliable and trustworthy. This keeps the legal system fair for everyone involved.

Evidence comes in many different forms. It can be testimony, which is a statement made by a person. People might give oral statements or written ones called affidavits. It can also be exhibits, which are physical objects like a tool or a gun. Some evidence is documentary, meaning it is written down. There is also demonstrative evidence used to show something to the court.

All these items must be admissible to be used. Admissible means the judge allows the jury to consider them. Rules help check if things are authentic. Authentication proves that an item is truly what a person claims it is.

Rules of evidence have a very long history. Long ago, Hammurabi's Code used oaths and witnesses to find truth. The Old Testament also required at least two witnesses for a crime. In ancient Rome, judges had the freedom to evaluate evidence. Roman law said that proof belongs to the person making a claim. Medieval Roman law even used a grading system for evidence.

This system sometimes used a single witness as half-proof. This led to difficult and unfair practices in the past. Over time, laws changed to focus more on fairness and reliability.

In England, the law changed as juries became more common. In the 16th and 17th centuries, modern jury trials began. This meant new rules were needed to protect the jury. One major rule is about hearsay. Hearsay is when someone repeats what another person said.

In 1677, the Statute of Frauds and Perjuries was passed. This required certain contracts to be in writing. Lord Mansfield once explained that hearsay is excluded in England. He believed juries might be swayed by stories that were not direct. Today, laws like the Civil Evidence Act 1995 have updated these rules.

Relevance is one of the most important rules in court. Evidence must be relevant to the case to be used. This means it must help prove or disprove a fact. However, being relevant is not always enough. A judge can exclude evidence if it is unfair or confusing. For example, the California Evidence Code allows judges to stop evidence that is too prejudicial. This means it might unfairly bias the jury against someone.

In the United States, these rules are very complex. Some experts say this is because of the right to a jury. These rules help prevent untrained people from being distracted. They ensure the focus stays on the real facts of the case.

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