Chapter 3: Evidence And Investigation Flashcards
What is Admissible Evidence?
Evidence that may be presented in court because it complies with the rules of evidence that it must be relevant.
What is Affirmative Defense?
Defense showing that the defendant is not liable even if the plaintiff’s claim is assumed to be true and for which the defendant bears the burden of proof.
What is the Attorney’s Work Product?
The attorney’s mental impressions, conclusions, opinions, or legal theories concerning a case; not discoverable.
What is the Best Evidence Rule?
Rule that allows only the original document or item to be admitted.
What is Burden of Proof?
The obligation to prove the allegations; usually falls to the accuser.
What is Chain of Custody?
The chronological record tracing a piece of evidence to the event that has resulted in the action, proving that it is the item in question.
What is Circumstantial Evidence?
Evidence that suggests the existence of some other occurence or thing.
What is a Declarant?
The person making the statement.
What is Demonstrative Evidence?
Depiction or representation of something such as a photograph of a scar or a diagram of the accident scene.
What is Discovery?
The process in a lawsuit involving the exchange of information, exhibits, and documents between parties according to specific rules of procedure.
What’s a Judicial Notice?
Admissionof evidence without authentication, either a fact commobly known in the territorial jurisdiction of the court or a fact readily verifiable through undisputed scources.
What is the Preponderance of Evidence?
Evidence that is more convincing to the trier than the opposing evidence; meets the requirements for the burden of proof in civil cases.
What is Probative Value of Evidence?
The degree to which evidence tends to prove or actually proves something.
What is a Res Gestae Statement?
Statements that are present sense impressions, excited utterances, or about then-existing mental, emotional, or physical conditions.
What is a Stipulation?
Formal agreement between opposing parties to a lawsuit regarding matters pertinent to the lawsuit, such as to admit certain evidence without testimony.
What is a Subpoena?
A document that commands or orders a person to appear in court or a designated place, which may include a request for documents.
