Chapter 3 - Evidence and Investigation Flashcards
Testimonial evidence
Spoken or signed, elicited from a witness.
Documentary evidence
Paper evidence such as letters, contracts, or medical records.
Real evidence
The thing itself, physically present as opposed to being described, such as a scar, implement, or live view of the accident scene.
Demonstrative evidence
Depiction or representation of something such as a photo of a scar or a diagram of the accident scene.
Direct evidence
Evidence that is directly observable and proves the truth asserted.
Circumstantial evidence
Evidence that suggests the existence of some other occurrence of thing.
Admissible evidence
Evidence that may be presented in court because it complies with the rules of evidence that it must be relevant.
Relevant
Admissible in court, of consequence to the determination of the action, and tending to prove or refute a fact of consequence.
Material
Of consequence to the determination of the action.
Probative value of evidence
The degree to which evidence tends to prove or actually proves something.
Habit
The semiautomatic, repeated response to a specific situation.
Routine (custom)
The equivalent of “habit” for organizations.
Res Gestae Statements
Statements that are present sense impressions, excited utterances, or about then-existing mental, emotional, or physical conditions.
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.
Best evidence rule
Rule that allows only the original document or item to be admitted (exceptions are allowed for practical reasons).
Judicial notice
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.
Stipulation
Formal agreement between opposing parties to a lawsuit regarding matters pertinent to the lawsuit, such as to admit certain evidence without testimony.
Burden of Proof
The obligation to prove the allegations; usually falls to the accuser.
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.
Preponderance of the evidence
Evidence that is more convincing to the trier that the opposing evidence; meets the requirement for the burden of proof in civil cases.
Clear and Convincing evidence
A higher standard of proof that preponderance of the evidence; requires that the mater be shown to be highly probable.
Proof beyond a reasonable doubt
Proof that is so strong it excludes any other reasonable hypothesis or explanation - almost a certainty.
Presumption
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.
Attorney’s work product (trial preparation materials)
The attorney’s mental impressions, conclusions, opinions, or legal theories concerning a case; not discoverable.
