Chapter 4 Types of Evidence Flashcards
Relevant evidence
Evidence that most tend to prove something that is required in the case.
Probative value
Evidence must make it appear that a fact is probably true.
Material Evidence
Evidence is material if it is logically connected with some fact that is at issue.
Federal Rule 403; Exclusion of Relevant Evidence
Court may exclude relevant evidence if it is one or more: provide unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time or needlessly presenting cumulative evidence.
Cumulative Evidence
Restates what has already been admitted into evidence & therefore may be excluded.
Corroborative Evidence
Supports prior testimony by providing additional facts to confirm what the previous witness said, without merely duplicating it.
Direct Evidence
Directly proves a fact. (confession, eye witness or photograph)
Indirect Circumstantial Evidence
The jury needs to draw an inference based on the evidence in order to conclude that a fact exists. (someone says they want you dead)
Inference
A logical conclusion that a person can make based on the fact or group of facts.
Testimonial Evidence
Evidence given by a witness while testifying under oath or affirmation in a court proceeding; also may be used to refer to statements made in affidavits and depositions.
Real Evidence
Physical evidence (such a clothing or a knife) that itself plays a direct part in the incident in question.
Stipulation
An agreement between the opposing attorneys to admit one or more facts exist. Must be finalized by judge before allowed in court.
Judicial Notice
A procedure where the judge tells the jury to believe that a fact exists. (In civil cases jury is required to follow, but in criminal cases it is only advisory.)
Presumption
A legal inference or assumption that a fact exists, based on the known or proven existence of some other fact or group of facts.
Rebuttable Presumption
Can be argued in a court of law (all people are sane. All cops are corrupt)
