Chapter 4 Flashcards
What is real evidence?
It refers broadly to any tangible item that can be perceived with the five senses.
What are the two types of evidence?
- Real evidence
- Testimonial evidence
What is demonstrative evidence?
It is evidence intended to demonstrate a certain point
What is testimonial evidence?
It refers to what someone says
What is direct evidence?
It is evidence that proves a fact without the need for the juror to infer or presume anything from it
What is evidence that indirectly proves a fact?
Circumstantial evidence
The three types of circumstantial evidence
Modus operandi, motive, and threat
What is a procedure that courts use to determine the truth or falsity of a matter without having to follow the normal rules of evidence?
Judicial notice
What is the blank pad rule?
It provides that the court and jury in a criminal case know nothing about the dispute between the two parties involved
Who is responsible for judicial notice?
The judge in a case
What are the two types of presumptions that can be identified?
Conclusive
Rebuttable
What type of presumptions require that all parties in the case agree with the decision?
Conclusive
What are the two important effects of presumptions in criminal cases?
- The effect on the jury
2. The effect on the burden of proof
