Discussion

Lawof Evidence

Lawof evidence refers to those procedures or rules that are applied togovern the use of evidence in law courts. There are various federalrules of evidence that can be applied in any court, but States courtshave added some. This assignment discusses few general rules ofevidence and how they are applied.

First,Rule 301, presumptions of civil cases. Unless provided otherwise, theperson against whom the accusation is directed has the burden ofproviding proof to rebut the presumption. In state court, the personwhom the allegations are directed to is the one whose has the burdenof proof.

Thirdly,Rule 401 the procedure to the proof relevance of evidence. Forevidence to be used in a law case, the court must establish that theeffect of omission or use of the evidence. Our state courts alwaysdetermine the materiality of the evidence before it is accepted asevidence. It will determine whether the fact in the court would beaffected by the inclusion or omission of the evidence

Fourth,Rule 402 is used to determine which relevant evidence will be allowedto be used. For example, the court allows the evidence to be used ifit’s not contradictory to the speculation of United StateConstitution, Rules prescribed by Supreme Court, Federal Rules ofEvidence and Federal Statutes. If it violates provisions of the aboveelements, the evidence is not admissible.

Also,another general used evidence law is rule 601 competency to testify. Before any testimony is accepted to be used in court proceedings,the person bearing the testimony must be competent under theprovisions of a federal rule of evidence to testify. Our state courtallows everyone to testify according to the provision of SupremeCourt and Federal rules unless in individual cases were the state lawdecides the competency of witness’s claim or defense where thestate provides the rule of decision.

Finally,Rule901, Authenticating evidence. Before evidence is used it must beproved to be what it is. The state court allows those are producingevidence in court to identify sufficiently the item of evidence andsupport that it is what the proponent claims to be.

References

Garland,N. M. (2015). Criminal Evidence (7th ed.). New York, NY: McGraw-HillEducation.

FederalRules of Evidence (2015) | Federal Evidence Review. (n.d.). Retrievedfrom http://federalevidence.com/rules-of-evidence