Chapter 2 - Types of Courtroom Evidence

Question 1

8 Types of Evidence

Answer 1

1. Oral Testimony
2. “Real” Evidence
3. Documents
4. Demonstrative Evidence
5. Opinion Evidence
6. Stipulations
7. Judicial Notice
8. Photographs/Videos

Question 2

This means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact.

Answer 2

What is Evidence?

Question 3

Evidence includes all the information given to the trier of fact during trial, EXCEPT?

Answer 3

For the questions & statements made by the attorneys and judges.

Question 4

Evidence given by a witness speaking from the witness stand.

Answer 4

Oral Testimony

Question 5

What are the 4 types of witnesses?

Answer 5

1. Fact Witness
2. Expert Witness
3. Character Witness
4. Party Witness

Question 6

Witness who PERCEIVED FACTS related to the lawsuit & testified about those facts.

Answer 6

Fact Witness

Question 7

What is an “eyewitness”?

Answer 7

A fact witness who DIRECTLY perceived an event central to the trial.

Question 8

Witness who uses SPECIALIZED KNOWLEDGE to INTERPRET evidence or EXPLAIN it to the jury?

Answer 8

Expert Witness

Question 9

What is a key distinction between fact witness and an expert witness?

Answer 9

Expert witnesses do NOT need to have any FIRSTHAND KNOWLEDGE about the controversy in question.

Question 10

Witness who offers information about the good or bad character of a party OR witness? What is the only thing these witnesses need?

Answer 10

1. Character Witness

2. They need only have knowledge about the character of a party or a witness.

Question 11

___ are the individuals or organziations who oppose each other at trial; the prosecutor & defendant in a criminial case, or the P & D in a civil case.

Answer 11

Parties

Question 12

___ the entity against whom a crime was committed or who suffered damages in a civil case.

Answer 12

Victim

Question 13

This privilege protects a criminal D against self-incrimination and the constitutionally based presumption of innocence allow a criminal D to make this choice.

Answer 13

The 5th Amendment Privilege

Question 14

Who is the one “party” who does not appear as a witness?

Answer 14

The Prosecutor

Question 15

____ is an abstract entity that CANNOT take the stand to testify against D.

Answer 15

The Government

Question 16

Any PHYSICAL evidence that a party claims played a DIRECT role in the controversy.

Answer 16

Real Evidence

Question 17

All real evidence must be what?

Answer 17

Authenticated: the proponent must offer some proof that the piece of physical evidence is what she claims it to be.

Question 18

Evidence that encompasses any type of writing or recording of information?

Answer 18

Documents

Question 19

Most documents are a subcategory of ____?

Answer 19

Real evidence & must be authenticated.

Question 20

Some writings are ___? This means that there is NO need for a witness to confirm their authenticity.

Answer 20

“Self-authenticating”

Question 21

A witness almost NEVER may testify orally about the ___ of a document UNLESS what?

Answer 21

Contents; Unless all available copies have been lost or destroyed.

Question 22

This evidence is sometimes physical but, unlike real evidence, it is NOT an object that a played a role in the disputed events.

Answer 22

Demonstrative Evidence

Question 23

Examples of Demonstrative Evidence include?

Answer 23

Charts, graphs, pics, maps, graphs, power point slides, computer simulations, & literal demonstrations (w/ paid actors)

Question 24

Parties create ____ to illustrate concepts or facts to the jury.

Answer 24

Demonstrative Evidence

Question 25

2 Problems with demonstrative evidence?

Answer 25

1. Misrepresents the true nature of what happened.
2. Overly dramatic or theatrical demonstrative evidence may DIVERT THE JURY’S ATTENTION from MORE PROBATIVE EVIDENCE in the case.

Question 26

If both parties agree on a fact, they can ___ that the fact is true for purposes of the litigation.

Answer 26

Stipulate

Question 27

If a fact is indisputably true, the trial judge can take ___.

Answer 27

Judicial Notice of Fact

Question 28

To support the judicial notice, the fact must EITHER be “___” OR “___” by consulting an ___.

Answer 28

1. “generally known”
2. ” accurately & readily determined”
3. Unimpeachable Source

Question 29

Photos & videos do NOT constitute their own category of evidence; depending on the context, they should be classified as either ___ OR ___.

Answer 29

1. Real Evidence

2. Demonstrative Evidence

Question 30

If a photo or video depicts the events of a controversy DIRECTLY, it constitutes as what type of evidence?

Answer 30

Real Evidence

Question 31

REAL photographic or video evidence may be excluded IF it is ___ OR ___.

Answer 31

1. Unduly Graphic

2. Will provoke an unwanted emotional reaction among jurors

Question 32

Any evidence that requires the jury to make an inference connecting the evidence with a disputed fact is called?

Answer 32

Circumstantial Evidence

Question 33

Evidence that requires no inferential bridge; it directly established a contested fact.

Answer 33

Direct Evidence

Question 34

Is there any legal distinction between direct evidence and circumstantial evidence? If so, what is the legal distinction?

Answer 34

1. NO; the distinction has NO legal effect.