Types of Evidence

Question 1

Types of Evidence (6)

Answer 1

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

Question 2

Oral Testimony

Answer 2

1. Fact Witness - those who have firsthand knowledge of controversy in question
2. Expert Witness - those with specialized knowledge to interpret or explain the evidence to the jury
3. Character Witness - those who offer testimony concerning the good or bad character of a party or a witness

Question 3

Real Evidence

Answer 3

1. Physical evidence that a party claims to have played a direct role in the controversy
2. Must be authenticated; some proof that a piece of physical evidence is what one claims it to be

Question 4

Documents

Answer 4

1. Any type of writing or recording of information
2. Must be authenticated, though some documents are self-authenticating
3. Witness may almost never testify about the contents of a document; document must be put into evidence unless all available copies are lost or destroyed

Question 5

Demonstrative

Answer 5

1. Evidence parties create to illustrate concepts or facts to a jury; imitates or re-creates some aspect of the controversy
2. May be literal demonstration, replacement for object, etc.
3. carefully monitored by judges

Question 6

Stipulation

Answer 6

1. Facts agreed on by both parties
2. Both parties must agree on the exact language
3. Judge will read to jury
4. Typically used for minor facts

Question 7

Judicial Notice

Answer 7

1. Fact which is indisputably true
2. To support judicial notice, evidence must be “generally known” or “accurately and readily determined” by consulting unimpeachable source

Question 8

Direct Evidence

Answer 8

1. Directly establishes disputed fact

2. Inferences are quickly processed; intuitive; requires no inferential bridge

Question 9

Circumstantial Evidence

Answer 9

1. Any evidence that requires the jury to make an inference connecting the evidence with a disputed fact
2. Chain of inferences
3. Common as rhetorical tool to discredit opponent’s argument; also for party’s intentions, the person intended the consequences of their actions

Question 10

Photo & Video Evidence

Answer 10

1. May be either real evidence or demonstrative evidence
2. Real if depicts the events of a controversy directly
3. Demonstrative if party created to illustrate some aspect of dispute
4. Difference important because demonstrative evidence is more closely monitored
5. May be excluded if unduly graphic or will provoke unwanted emotional response from jury