Rules of evidence govern whether, when, how, and for what purpose proof of a case may be placed before a trier of fact for consideration. In the judicial systems of
Canada and the
United States, the trier of fact may be a
judge or a
jury, depending on the purpose of the trial and the choices of the parties.The rules of
evidence have been developed over the last thousand years and are based upon the rules from
English Common Law brought to the
New World by early settlers. Their purpose is to be fair to both parties, disallowing the raising of allegations without a basis in provable fact. They are sometimes criticized as a
legal technicality, but are an important part of the system for achieving a just result.
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règles de preuves (règles concernant la manière de prouver au tribunal)
Beweispflicht, Nachweispflicht (Gesetze die die gerichtliche Nachweispflicht definieren)
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