Proof of a fact must meet legal and evidentiary requirements before it can be admitted at trial to prove a fact or issue in controversy
Notes:
- Proof admitted into evidence in a civil, criminal, or administrative hearing must tend to prove or disprove a fact or issue in controversy.
- Proof can be presented as direct or circumstantial evidence. Both forms of evidence are admissible as legal proof.
- Even if the proof is considered relevant, such proof may still not be admissible under the rules of the Evidence Code. For example, the court can find the evidence is more prejudicial than probative and is likely to inflame the jury.
- Another example of what may or may not qualify as legal proof is hearsay testimony. Hearsay is legally defined as an out-of-court statement offered to prove the truth of that statement. The court will exclude such evidence unless the out-of-court statement qualifies under an exception.
