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Evidence Types and Admissibility

Direct, circumstantial, hearsay, character, expert - what comes in and what stays out.

A free, animated evidence types and admissibility you can read here or embed on any website, from Scrollchart.

Evidence Types and Admissibility

Evidence Types and AdmissibilityFederal Rules of Evidence: what comes in and what stays outDirectCircumstantialHearsayCharacterExpertAdmissible?FRE RuleKey test / limitExclusion riskYesFRE 401-403Relevant + probative valuenot substantially outweighedby prejudiceLow (403 only)YesFRE 401-403Permissible inferenceno higher standard thandirectLowGenerally noFRE 801-807Out-of-court statementoffered for truth of matter30+ exceptionsHigh without exceptionNo (propensity)FRE 404-405Cannot prove acted inconformityMIMIC exceptions (motive,intent, etc.)Very highYes (if qualified)FRE 702Daubert: reliable method,fits facts, aids trier offactMedium (Daubert gate)Hearsay has 30+ exceptions (FRE 803-807); character admissible for impeachment (FRE 608) and in sex-offense cases (FRE 413-415)most litigated

Matrix of evidence types with admissibility rules. Hearsay exceptions, character-evidence prohibitions, expert qualifications.

Good for

  • Evidence law primers for 1L students preparing for trial-advocacy courses
  • Legal-blog explainers on why hearsay objections are the most litigated at trial
  • Journalist guides to understanding what evidence a jury is permitted to hear in high-profile cases

Source & accuracy

This evidence types and admissibility is an editorial illustration built to represent the concept accurately. Where it shows figures, they are typical or representative values chosen to make the relationship clear, not a single underlying dataset. The diagram and its explainer are reviewed and maintained centrally, and updated over time as understanding improves.

Direct Evidence and Circumstantial Paths

Direct evidence is testimony or a document that directly proves a fact without inference: an eyewitness saying 'I saw the defendant stab the victim' is direct. Circumstantial evidence requires the jury to draw a logical inference: a defendant's DNA found at a crime scene is circumstantial (it does not directly prove they committed the crime, though it strongly suggests presence). Both are admissible and often equally probative. Juries are instructed that they can convict on circumstantial evidence alone; the difference is inferential distance, not legal weight. Expert testimony (fingerprint analysis, DNA, psychiatric evaluation) is a distinct category, admissible if the expert is qualified and the methodology is reliable under Daubert or similar standards.

Hearsay, Character, and Strategic Exclusions

Hearsay (a statement made out of court offered to prove its truth) is generally excluded unless an exception applies: excited utterances, dying declarations, statements against interest, prior consistent statements, and many others. Character evidence is mostly barred: you cannot introduce evidence that the defendant is a violent person to suggest they committed a violent crime, though the defendant can open the door by claiming good character. Privileges shield certain communications: attorney-client, doctor-patient, spousal, clergy-penitent. These rules exclude probative but unreliable evidence and protect relationships the law values more than fact-finding.

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Reference

What this is
A free, embeddable, animated evidence types and admissibility for any website.
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Legal blogs.
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License
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Frequently asked questions

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