THE LAWS OF EVIDENCE are a system of rules regulating the admission of proof at a lawsuit’s trial. The material facts in the controversy are filtered through the applicable laws of evidence. This proof includes testimony, writings, physical objects, and anything else presented to the court’s senses.
EVIDENCE law stated in one sentence: “Material and relevant evidence is admissible if competent.”
Materiality exists when the proffered evidence relates to one of the substantive legal issues in the case. The key questions to ask are: What issue is the evidence offered to prove? Is that issue material to the substantive cause of action or defense in the case?
The answer to these questions and the determination of materiality depends upon the pleadings drafted on substantive legal issues.
PROBATIVENESS – THE LINK BETWEEN PROOF AND PROPOSITION
Probativeness embraces the test of materiality and something more. Probative evidence contributes to proving or disproving a material issue.
EVIDENCE CLASSIFICATIONS:
1. Direct Evidence Relies on Actual knowledge
2. Circumstantial Evidence Relies on Inference
3. Testimonial evidence is oral evidence given under oath. The witness responds to the questions of the attorneys
4. Documentary evidence is evidence in the form of writing, such as a contract or a confession.
5. Real evidence is the term applied to proof consisting of things as distinguished from witnesses’ assertions about things. Real evidence includes anything conveying a firsthand sense impression to the trier of fact, such as knives, jewelry, maps, or tape recordings.
We help our clients collect relevant evidence from different sources/departments to substantiate their claims in pleadings and motions. Generally, the clients either offer partial evidence or ignore the collection of evidence, which can strengthen their case.
This half-hearted approach ( due to lack of time) of the moving party gives leverage to the opposing party to argue that there is no genuine dispute of material fact, and finally, the case either prolongs indefinitely (wasting time, energy, and money) or gets dismissed – with no relief to the moving party.
