Summarize some of the basic rules of evidence.

Question

Fill in the blank(s) with the appropriate word(s).

Answer 1

The basic rules of evidence include the best-evidence, chain of custody, competency to testify, hearsay, relevancy, cumulative or unduly prejudicial evidence, privilege, and lay opinions. The best-evidence rule means that to provide the content of a writing, recording, or photograph, the original is generally required, because a copy is too easily altered. Chain of custody is the chronological documentation of the seizure, control, transfer, analysis, and disposition of evidence before it can be admitted into evidence at a trial. Competency to testify means that a witness must have personal knowledge about the matter about which he/she is testifying; must be capable of understanding the duty to tell the truth; and must be capable of expressing himself or herself so as to be understood by the jury either directly or indirectly through an interpreter. Hearsay is secondhand evidence. Evidence is relevant if it shows the existence of any fact that is of consequence to the determination of the action by making that fact more probable or less probable than it would be without the evidence. Cumulative or unduly prejudicial evidence is a waste of waste of time because it duplicates other evidence or it could unfairly prejudice, confuse, or mislead the jury. Privilege protects confidential discussion in certain relationships that are protected such as communications between attorney and client, clergy and penitent; physician and patient; psychotherapist ad patient; or husband and wife. Lay opinions are general opinion rationally based on common perceptions.