6 Admissible Evidence Evidence is often presented in a tense, emotional atmosphere in a courtroom long after the event in question took place. The object of the law of evidence is to assure a high probability that questions of fact are resolved correctly. The nature of the legal controversy and the written pleadings determine what assertions of fact each party must prove or disprove to win the case, and an item of evidence that at best has a remote bearing on the factual issues must be excluded as irrelevant or immaterial. In addition to being relevant, evidence must be competent, i.e., it must not fall under an exclusionary rule. The courtroom presentation of documentary evidence has been complicated by new computer technologies and the digitalization of information, which make the successful forging of texts and photographs far easier than previously.
Most evidence is offered by witnesses who testify before the court.
Thus, a witness must possess the sensory faculties needed to apprehend the facts reported and must not be considered mentally ill or incompetent. Children offered as witnesses are examined by the judge to determine their intelligence and understanding. The witness is first directly examined by the party who offers him or her, then is cross-examined by the adversary. Only when the circumstances of the statement afford a high probability of its truth may it be admitted. 10 A witness may be excused from testifying about certain matters if he or she pleads personal privilege.