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Glossary
Evidence and Admissibility
Foundations terms within evidence and admissibility.
evidence-and-admissibility
Admissibility is whether evidence may be received and considered by the factfinder under the applicable rules of evidence.
The burden of production requires a party to offer evidence sufficient to raise the issue for the factfinder.
The burden of proof is the obligation to prove a disputed fact or claim to the level of certainty the law requires.
Clear and convincing evidence is an intermediate standard requiring proof that the claim is highly probable.
Conditional admission allows evidence subject to later proof of a fact on which its relevance depends.
Evidence is the testimony, documents, and physical or electronic material offered to prove or disprove facts in a legal proceeding.
Foundation is the preliminary showing establishing that evidence is what it purports to be and is properly admissible.
Judicial notice permits a court to accept a fact as established without formal proof.
An offer of proof preserves excluded evidence for appellate review by placing its substance on the record.
Personal knowledge requires that a witness perceived the matter about which they testify.
Preponderance of the evidence is the default civil standard of proof, requiring that a fact be shown more likely true than not.
A presumption requires the factfinder to accept a fact upon proof of a predicate fact, unless rebutted.
A prima facie case is evidence sufficient to establish a claim unless contradicted.
Relevance is the threshold requirement that evidence make a fact of consequence more or less probable than it would be without the evidence.
Rule 403 permits exclusion of relevant evidence where its probative value is substantially outweighed by countervailing dangers.
A stipulation is an agreement between parties accepting a fact or procedure without proof.
Unfair prejudice is the tendency of evidence to induce a decision on an improper emotional or moral basis.
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