§ 1.01 Introduction

• Jurisdiction: North Carolina

§ 1.01 Introduction

Lee Harvey Oswald either shot President Kennedy, or he did not. This is an important question, but for trial lawyers, the issue is whether a party—here, the prosecution—could have proved Oswald's guilt at a trial. At this point the rules of evidence come into play.¹ They govern how we go about the task of attempting to determine what occurred in the past, often under circumstances of uncertainty. What if there were no eyewitnesses to a crime? What if there were two eyewitnesses, but they disagreed?

This chapter introduces the subject of "proof" at trial and then examines one way to classify the rules of evidence. Next, the Federal Rules of Evidence—their enactment and interpretation—are considered. Finally, some...