Evidence - Evidence in Law

Evidence in Law

Evidence forms the very foundation of any legal system, without which law would be subject to the whims of those with power.

In law, the production and presentation of evidence depends first on establishing on whom the burden of proof lies. Admissible evidence is that which a court receives and considers for the purposes of deciding a particular case. Two primary burden-of-proof considerations exist in law. The first is on whom the burden rests. In many, especially Western, courts, the burden of proof is placed on the prosecution. The second consideration is the degree of certitude proof must reach, depending on both the quantity and quality of evidence. These degrees are different for criminal and civil cases, the former requiring evidence beyond a reasonable doubt, the latter considering only which side has the preponderance of evidence, or whether the proposition is more likely true or false. The decision maker, often a jury, but sometimes a judge, decides whether the burden of proof has been fulfilled.

After deciding who will carry the burden of proof, evidence is first gathered and then presented before the court:

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