Chapter 3-evidence

Question 0

Balancing test

Answer 0

The requirement that relevant evidence be excluded of its “probative value” is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, or by consideration if undue delay, waste of time, or needless presentation of cumulative evidence.

Question 1

Relevant evidence

Answer 1

Evidence having any tendency to make the existence of any fact that is of consequences to the determination of the action more probable or less probable then it would be without the evidence.

Question 2

Material evidence

Answer 2

Evidence that pertains to a fact of consequences to the case on trial.

Question 3

Prima facie evidence

Answer 3

Evidence that, standing alone, unexplained or un-contradicted, is sufficient to establish a given fact or group of facts constituting a party’s claim of defense.

Question 4

Prima facie criminal case

Answer 4

A case in which the prosecution has established that a crime has probably committed it.

Question 5

Contradictory evidence

Answer 5

Evidence used to prove a fact contrary to what asserted by a party or witness.

Question 6

Corroborative evidence

Answer 6

Evidence used to prove a fact contrary to what has been asserted by a party or witness.

Question 7

Corroborative evidence

Answer 7

Evidence that is supportive or other evidence already given, tending to strengthen or, confirm the prior evidence introduced.

Question 8

Cumulative evidence

Answer 8

Evidence that repeats earlier testimonial or tangible evidence.

Question 9

Judicial notice

Answer 9

The acceptance of a fact by a judge without formal proof, in the for. Of testimony or tangible evidence, being presented. A substitute for evidence.

Question 10

Presumption

Answer 10

A substitute for evidence whereby the fact-finder is allowed to conclude that a certain fact exists because some other fact is bound to exist.

Question 11

Inference

Answer 11

A conclusion drawn from an observation or series of observations

Question 12

Conclusion presumption

Answer 12

A presumption that the demands or directs be made from a set of facts and that cannot be refuted by evidence. Usually a misnomer for a substantive law rule.

Question 13

True presumption

Answer 13

A presumption that requires that, when the jury finds the basic fact to exist, it must find the presumed fact to exist in the absence of evidence to the contrary being introduced.

Question 14

Burden of proof

Answer 14

The law’s requirement that a particular party introduce evidence in a lawsuit and persuade the fact-finder that the evidence is believable.

Question 15

Production burden

Answer 15

The element of the burden of proof that requires a party to produce evidence at trial on a particular evidence.

Question 16

Persuasion burden

Answer 16

The element of the burden if proof that requires a party to persuade the trier of fact on the issue at trial.

Question 17

Rebuttable presumption

Answer 17

A presumption that allows for the opposing party’s introduction of contradictory evidence to rebut the presumption’s conclusion.

Question 18

Mandatory presumption

Answer 18

The form of presumption that requires the jury to find the presumed fact from the existence of the basic fact.

Question 19

Stipulation

Answer 19

Facts upon which the trial parties and their attorneys agree that may be presented during the trial without formal proof being required.