LEGAL PRINCIPLE: EVIDENCE LAW – Weight of Evidence – Distinct from Admissibility
PRINCIPLE STATEMENT
The legal admissibility of a piece of evidence is one thing, while the weight the court would attach to such evidence after it has been admitted is quite another thing.
RATIO DECIDENDI (SOURCE)
"It must be noted at once that the legal admissibility of a piece of evidence is one thing, while the weight the court would attach to such evidence after it has been admitted is quite another thing."
EXPLANATION / SCOPE
Admissibility and weight are separate concepts: Admissibility (threshold question)—whether evidence can be received; determined by legal rules (relevance, hearsay exceptions, privilege, etc.); binary (admissible or not). Weight (assessment question)—how much credence to give admitted evidence; determined by court’s evaluation; matters of degree (great weight, little weight, no weight). Evidence may be: admissible but given little weight (technically proper but unreliable), or highly relevant but inadmissible (fails legal admissibility rules). Courts first determine admissibility through legal rules, then assess admitted evidence’s weight through credibility and reliability evaluation. This distinction serves: preventing premature rejection of evidence (determine admissibility first), allowing judicial assessment of evidence quality (weight determination), and maintaining evidentiary rule structure. Parties challenging evidence must specify: is this inadmissibility objection (legal rules)? or weight argument (reliability/credibility)? Different standards and procedures apply to each.