Chapter 3 - Evidence and Investigation

Question 1

Testimonial evidence

Answer 1

Spoken or signed, elicited from a witness.

Question 2

Documentary evidence

Answer 2

Paper evidence such as letters, contracts, or medical records.

Question 3

Real evidence

Answer 3

The thing itself, physically present as opposed to being described, such as a scar, implement, or live view of the accident scene.

Question 4

Demonstrative evidence

Answer 4

Depiction or representation of something such as a photo of a scar or a diagram of the accident scene.

Question 5

Direct evidence

Answer 5

Evidence that is directly observable and proves the truth asserted.

Question 6

Circumstantial evidence

Answer 6

Evidence that suggests the existence of some other occurrence of thing.

Question 7

Admissible evidence

Answer 7

Evidence that may be presented in court because it complies with the rules of evidence that it must be relevant.

Question 8

Relevant

Answer 8

Admissible in court, of consequence to the determination of the action, and tending to prove or refute a fact of consequence.

Question 9

Material

Answer 9

Of consequence to the determination of the action.

Question 10

Probative value of evidence

Answer 10

The degree to which evidence tends to prove or actually proves something.

Question 11

Habit

Answer 11

The semiautomatic, repeated response to a specific situation.

Question 12

Routine (custom)

Answer 12

The equivalent of “habit” for organizations.

Question 13

Res Gestae Statements

Answer 13

Statements that are present sense impressions, excited utterances, or about then-existing mental, emotional, or physical conditions.

Question 14

Chain of Custody

Answer 14

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.

Question 15

Best evidence rule

Answer 15

Rule that allows only the original document or item to be admitted (exceptions are allowed for practical reasons).

Question 16

Judicial notice

Answer 16

Admission of evidence without authentication, either a fact commonly known in the territorial jurisdiction of the court or a fact readily verifiable through undisputed sources.

Question 17

Stipulation

Answer 17

Formal agreement between opposing parties to a lawsuit regarding matters pertinent to the lawsuit, such as to admit certain evidence without testimony.

Question 18

Burden of Proof

Answer 18

The obligation to prove the allegations; usually falls to the accuser.

Question 19

Affirmative defense

Answer 19

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.

Question 20

Preponderance of the evidence

Answer 20

Evidence that is more convincing to the trier that the opposing evidence; meets the requirement for the burden of proof in civil cases.

Question 21

Clear and Convincing evidence

Answer 21

A higher standard of proof that preponderance of the evidence; requires that the mater be shown to be highly probable.

Question 22

Proof beyond a reasonable doubt

Answer 22

Proof that is so strong it excludes any other reasonable hypothesis or explanation - almost a certainty.

Question 23

Presumption

Answer 23

A mechanism that allows a jury to presume a fact is true based on indirect evidence if it might be awkward or difficult to prove by direct evidence if it might be awkward or difficult to prove by direct evidence.

Question 24

Attorney’s work product (trial preparation materials)

Answer 24

The attorney’s mental impressions, conclusions, opinions, or legal theories concerning a case; not discoverable.