Evidence Basics for Hearings and Trials

The core evidence rules: relevance, unfair prejudice, personal knowledge, authentication, hearsay and its exceptions, and the burden of proof. This Lawtopolis course on evidence basics has 5 short lessons and a quiz, and every lesson links to the official rule text.

What you will learn about evidence basics

• What makes evidence relevant and admissible
• How to authenticate a document
• What hearsay is and the main exceptions
• Which burden of proof applies

Who this course is for

• Anyone preparing for a hearing or trial
• Paralegals and students

Lessons in this course

1. Relevance and unfair prejudice

Under Federal Rule of Evidence 401, evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence, and the fact is of consequence in deciding the case. Relevant evidence is generally admissible and irrelevant evidence is not (FRE 402).

2. Witnesses and documents

A lay witness may testify only about matters the witness personally knows (FRE 602). Opinions from lay witnesses are limited to those based on their own perception (FRE 701), while expert witnesses must meet the requirements of FRE 702.

3. Hearsay and its exceptions

Hearsay is a statement the declarant did not make while testifying at the current trial or hearing, offered to prove the truth of the matter asserted (FRE 801(c)). Hearsay is not admissible unless a rule or statute allows it (FRE 802).

4. Burden of proof and objections

In most civil cases, the party with the burden must prove its case by a preponderance of the evidence, meaning more likely true than not. Some civil issues, such as fraud in many states, require clear and convincing evidence. Criminal cases require proof beyond a reasonable doubt.

5. Putting it into practice: preparing evidence

Now that you know the rules, this lesson turns them into steps you can follow. First, work through the checklist in order. Then, before you file or serve anything, compare your work with the common mistakes below and with your court’s own rules.

Next steps after this evidence basics course

When you finish, take the quiz to check your understanding. After that, keep going with the related pages in the Motions & Procedures library, the Legal Glossary and the Research Center. For the official text, read the current federal rules on uscourts.gov, and also check your own court’s local rules.

Lawtopolis provides legal information and education, not legal advice. Rules change, so check the current version of your court’s rules before you file.

All sales are final. Refunds are not available on courses or All-Access. See our refund policy.