Tuesday, 17 June 2014

A brief look at the Federal Rules and its Classification



A country is as progressive as its legal system is. Without a strong and effective administration, the progress of any country is sure to get stupefied. It is the legal system that maintains discipline and regulation of any country. The importance of a strong legal system is immense in order to ensure the safety of the civilians of any country. An effective legal system talks about uniformed rules for everybody in the country. There shouldn’t be any unfair division of advantages and disadvantages.

Federal rules of evidence or shortly known as FRE is a set of laws that govern the admission process of facts that will help the parties of the United Stated Federal court system to prove their criminal as well as civil cases. These rules were first enacted in the year 1975. Before enacting the rules in 1975, these rules were judicially and legislatively examined. The U.S. states have the authority to either apply or reject these codes. But in reality most of the states have adopted the set of rules whether partly or wholly. There are few exceptional states which have set their own rules and regulations. These rules are primarily applied in the federal trial courts for primary presentation of evidence in trials. These are not primarily applied in appellate courts since the function of appellate courts is very composed and very few questions are addressed in appellate courts. Though, appellate courts do follow the application procedure to maintain timely development of the rules. In most of the American Law schools these rules are focused in evidence courses.

The general intention of rules of evidence is to standardize the evidence that the jury normally use to reach to the conclusion. The key purpose of Federal Rules of Evidence is to eliminate the distrust which was there earlier with rules of evidence. But even after that there are some rules that bring about the mistrust of the jurors. Along with this, these rules focus on few basic ideas like relevance, inequitable surprise, overall directness of the opposition process etc. Judges hold the power to exclude evidence that may have an impact on any party due to confusing or inflammatory nature or its tendency to waste the time of the court.  

There are altogether 67 rules which are divided in 11 articles.
1.       General Provisions
2.       Judicial Notice
3.       Presumptions in Civil Actions and Proceedings
4.       Relevancy and its Limits
5.       Privileges
6.       Witnesses
7.       Opinions and Expert Testimony
8.       Hearsay
9.       Authentication and Identification
10.   Contents of writings, recordings and Photographs
11.   Miscellaneous Rules

The rules express some of the very common concepts that lawyers refer very often by the rule number. One of the most prevalent competing interests is the danger of inequitable discrimination. On 1st December in the year 2011 the revised Federal rules became effective. Since the middle of the year 2000, efforts to change the Federal Rules and other federal court rules are being put. Revision doesn’t mean substantive changes of the rules. On 26th April of 2