Evidence Basics

Evidence is admissible only if it is relevant and competent; it is relevant if it tends to prove a fact in issue competent if not excluded by the law or rules. Collateral matters are admissible only if they tend to prove the probability or improbability of a fact in issue. There are 2 kinds of facts: ultimate facts (factum probandum) and evidentiary facts (factum probans.)

Ultimate facts are the facts in issue that need to be proved. Evidentiary facts, on the other hand, are facts necessary to prove or disprove ultimate facts.

Evidence is necessary only to prove a fact in issue. Matters agreed on by the parties (which can happen during the course of a case) do not need to be proved.