Chapter 1 Flashcards
A hearing to determine if evidence will be admissible
Admissibility hearing
A system in which opposing arguments are presented to the party that makes the decision (trier of fact)
Adversarial system
A cradle-to-grave document that tracks evidence
Chain of custody
Evidence that alone proves nothing directly; requires additional inference to prove a fact in dispute
Circumstantial evidence
Law that deals with disputes between parties
Civil law
To assign an exhibit of evidence or other object to a group of like objects based on descriptors such as chemical and physical properties
Classifications
Associating two or more items or exhibit of evidence to one and only one possible source
Common source
Law that deals with crimes committed against society as defined by law and administered by government
Criminal law
A court ruling on admissibility that among other things tasked judges with the role of gatekeeper for admissibility of scientific evidence and expert testimony
Daubert decision
An admissibility hearing based on the Daubert standards held to determine if scientific evidence and testimony is going to be admitted into the court proceeding
Daubert hearing
Three cases - Daubert, GE v. Joiner, and Kuhmo Tire related to the admissibility of scientific evidence; all three are federal cases
Daubert trilogy
Evidence known to a person directly by personal knowledge
Direct evidence
Evidence that by itself excludes a person or a possibility
Exclusive evidence
The question that directs a forensic analysis; the question that dictates how a piece of evidence is analyzed and what data is provided. The forensic question may or may not be the same as the scientific and legal questions
Forensic question
A rule of admissibility of scientific evidence and expert testimony that relies on general acceptance by the Scientific community
Frye rule