Chapter 12 (Evidence) FINAL Flashcards
Federal Rules of Evidence
Rules applicable in federal courts that govern what evidence is admissible
Relevant
Must prove or disprove something in issue
Reliable
Must be first-hand or otherwise trustworthy information
Real
The information must be what it purports to be
Probative Value
A measure of the value of evidence in proving or disproving a fact
Character Traits
A person’s distinctive qualities; admissible as evidence only if character is an essential element of a claim or defense
Hearsay
“Reliable Evidence” - “a statement that was made other than by a witness while testfying at the hearing and that is offered to prove the truth of the matter stated.”
- a statement
- made out of court
- offered to prove the truth of the matter asserted in the statement
Statement
Falls into three categories:
- Oral assertions
- Written assertions
- Assertive conduct (nonverbal conduct that is intended as an assertion)
Spontaneous Statements
A statment made under the stress of excitement relating to a startling event or condition and made while the declarant is perceiving the event or condition, or immediately thereafter, is admissible
Business Records
Records made by employees in the course of their employment an dmade on behalf of the business
Public Records
Business records generated by governmental entities
Past Recorded Recollections
A record made of events at about the time the events occurred
Impeachment
Refers to the discrediting of a witness’ testimony
Contradiction
Method of impeachment that shows that the true facts are different from those stated by the witness
Authenticate
Establish through witness testimony a foundation for the evidence presented before thetirer of fact
