Domain 1 - Legal And Ethical Principles Flashcards
Define Admissible Evidence.
Evidence that
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Admissible Evidence
Evidence that a judge, jury, or tribunal may use in order to decide a case. Admissible evidence is evidence that is properly collected, relevant to an underlying case, and can be properly presented in court.
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Attorney-Client Privilege
In the law of evidence, a clientís privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications between the client and the clientís attorney. Such privilege protects communications between attorney and client that are made for the purpose of furnishing or obtaining professional legal advice or assistance. That privilege that permits an attorney to refuse to testify as to communications from the client. It belongs to the client, not the attorney, and hence only the client may waive it. In federal courts, state law is applied with respect to such privilege.
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Authentic Evidence
Evidence that is in its original or genuine state.
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Chain of Custody
The movement and location of physical evidence from the time it is obtained until the time it is presented in court.
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Chain of Evidence†
TBD
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Code of Ethics†
TBD
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Conclusion
A judgment arrived at by reasoning.
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Contempt
Conduct that defies the authority or dignity of a court or legislature.
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Counsel
An attorney.
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Credible Evidence
Evidence that is worthy of belief and comes from a source that is worthy of belief.
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Crime
A crime is an act committed or omitted, in violation of a public law, either forbidding or commanding it; a breach or violation of some public right or duty due to a whole community, considered as a community in its social aggregate capacity, as distinguished from a civil injury.
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Cross-examination
The questioning of a witness at a trial or hearing by the party opposed to the party who called the witness to testify.
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Custody
The care, possession, and control of a thing or person. The retention, inspection, guarding, maintenance, or security of a thing within the immediate care and control of the person to whom it is committed. The detention of a person by lawful authority or process.
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Evidence
Any writing, testimony, or other material object that is offered as proof of an alleged fact or hypothesis.
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Expert
A person who has a comprehensive and authoritative knowledge of or skill in a particular area. In the law, persons examined as witnesses in a case, who testify in regard to some professional or technical matter arising in the case, and who are permitted to give their opinions as to such matter on account of their special training, skill, or familiarity with the matter.
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Expert Opinion
An opinion offered by a witness whose knowledge, skill, experience, training, and education qualify the witness to help a fact-finder understand the evidence or decide a factual dispute.
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Expert Witness
A witness qualified by knowledge, skill, experience, training, or education that can provide scientific, technical, or other specialized opinion on a fact issue.
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Jurisdiction
A courtís power to decide a case or issue a decree.
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Opposing Counsel
The attorney representing the other party in a legal matter.
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Percipient
A witness who testifies about things they actually perceived. For example, an eyewitness.
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Persistent Data
Data that is stored on storage media and is preserved when an electronic device is turned off.
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Prejudice
A forejudgment; bias; partiality; preconceived opinion. A leaning toward one side of a cause for some reason other than a conviction of its justice.
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Probative
Tending to prove or disprove.