The importance of evidence, including direct and circumstantial evidence, is examined in depth in this chapter. We discuss the rules of evidence as they apply to civil pleadings and trials. Although we base our discussion on the Federal Rules of Evidence, many states have followed the federal rules as their template for enacting their own evidentiary rules. Learning the rules of evidence is important for all paralegals. However, it would be optimistic to think that all of the complexities of evidentiary law could be expressed in a single chapter. There are huge, multivolume treatises written on the topic. Although attorneys spend their entire legal careers dealing with evidentiary issues, there are still many fine points that require them to engage in additional research. We begin our discussion of evidentiary law by first explaining how evidence is used in civil cases and how various types of evidence are used to support the contentions in a civil case and then addressing important evidentiary rules, such as hearsay.

After reading this chapter, you will be able to:

Explain the consequences of a ruling of admissibility on evidence.

Discuss the differences between direct evidence and circumstantial evidence.

Explain how a judge determines admissibility of evidence.

Describe the process of laying the foundation of evidence.

Explain hearsay and its exceptions.

Describe the importance of demonstrative evidence.

Distinguish between physical evidence and documentary evidence.

Explain how the paralegal can be involved in gathering evidence.

Explain the best evidence rule.