Written by attorneys · grounded in primary & secondary sources — see below
Evidence that meets the standards of admissibility established by rules of evidence and procedure for use in a judicial proceeding. Such evidence must be relevant, reliable, and not barred by exclusionary doctrines such as character prohibitions or the fruit of an unlawful search.
Sources & Authorities
How it applies
Common Examples
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Merger Clause Bars Prior Promises
Liam Larson sold property to Legacy Motors under a contract containing a merger clause. After closing, Legacy Motors discovered an oral promise about zoning that was absent from the deed. The court refused to admit the prior statement because the merger doctrine and parol evidence rule rendered it unenforceable.
Attorney Denials Lack Evidentiary Basis
Lila Lin filed an answer denying that her client owed damages. Discovery later revealed no factual support for the denial. The court sanctioned the attorney under Rule 11 because the denial was not warranted on the evidence or a reasonable belief.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Luis Lopez faced assault charges. The prosecution sought to introduce evidence of his prior aggressive acts to show he acted violently on the charged occasion. The court excluded the evidence because it was offered solely to prove conduct in accordance with a character trait.
Judge Refrains From Independent Investigation
Judge Luna Lang presided over a contract dispute between Lucas Lee and Linden Logistics. After trial she searched online for additional facts about the parties' dealings. She correctly limited her decision to the evidence presented and any judicially noticed facts.
Lawyer Refuses False Evidence
Attorney Laura Lewis learned that a witness she called had given false testimony about a key document. She promptly disclosed the falsity to the tribunal and took remedial measures rather than allowing the false evidence to stand.
Prior Negotiations Admitted to Show Integration
Lakeshore Industries and Landmark Realty executed a written lease. Landmark sought to introduce earlier emails showing an additional rent credit. The court admitted the emails solely to determine whether the writing was completely integrated.
Common questions
Frequently Asked
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When does the fruit of the poisonous tree doctrine require suppression of derivative evidence?+
The doctrine excludes evidence obtained by exploiting an initial constitutional violation. Suppression is required when the warrant or later search rests on information discovered during the unlawful act and no independent source or attenuation breaks the causal chain.
What must a judge consider when deciding whether to admit evidence?+
A judge may consider only evidence presented by the parties and facts that may properly be judicially noticed. Independent investigation of facts is prohibited.
When may a lawyer refuse to offer evidence the lawyer believes is false?+
A lawyer may refuse to offer evidence other than a criminal defendant's testimony that the lawyer reasonably believes is false. If material false evidence has already been offered, the lawyer must take reasonable remedial measures including disclosure to the tribunal.
5 U.S. (1 Cranch) 137 (1803)Property
…of the Constitution. A commission is not necessary to the appointment of an officer by the Executive. A commission is only evidence of an appointment. Delivery is not necessary to the validity of letters patent. The President cannot authorize a Secretary of State to omit the performance of those duties which are…