Types of Courtroom Evidence (Ch. 2)

Question 1

Evidence

Answer 1

testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact

NOTE: Not defined in the rules

Question 2

What is not considered evidence?

Answer 2

1. Statements, arguments, comments, and questions by lawyers trying the case
2. Exhibits not OFFERED or RECEIVED in evidence
3. Objections
4. Anything STRICKEN from the record
5. Info outside the courtroom

Question 3

What are the 6 types of evidence?

Answer 3

1. Oral Testimony
2. Real Evidence
3. Documents
4. Demonstrative Evidence
5. Stipulations
6. Judicial Notice

Question 4

What are the 3 types of oral testimony?

Answer 4

1. Fact witnesses
2. Expert witnesses
3. Character witnesses

Question 5

fact witness

Answer 5

people who percieved the facts related to the lawsuit and testify about those facts

Question 6

expert witness

Answer 6

uses specialized knowledge to interpret evidence or explain it to the jury

Question 7

character witness

Answer 7

offer info about the good or bad character of a party or witness
* don’t need to have any knowledge about the case or any fact at issue

Question 8

real evidence

Answer 8

any physical evidence that a party claims played a direct role in the controversy
* must be authenticated

Question 9

documents

Answer 9

any type of writing or recording of information

* must be authenticated

Question 10

demonstrative evidence

Answer 10

stands in for other evidence (charts, tables, simulations, etc.)

Question 11

oral testimony

Answer 11

anyone who sits on the witness stand, takes and oath, and speaks

Question 12

stipulations

Answer 12

when both parties agree a fact is true for purposes of litigation
* can’t stipulate around proof in an attempt to exclude evidence

Question 13

judicial notice

Answer 13

• a fact that is indisputably true

- must be either “generally known” or “accurately and readily determined” by consulting an unimpeachable source

Question 14

direct evidence

Answer 14

no, or very little, inference

Question 15

circumstantial evidence

Answer 15

requires the jury to make an inference

Question 16

What is the difference between direct and circumstantial evidence?

Answer 16

There is no difference - rules do not weigh one over the other. However, the terms are used and juries often value direct over circumstantial.