Types of evidence

Question 1

Testimonial evidence

Answer 1

Testimony of witnesses from the stand

Will want to know if the witness is independent, biased, credible, honest, how well they can see

Question 2

Documents

Answer 2

Any type of writing or recording of information

Must be authenticated

Question 3

Real evidence

Answer 3

Physical evidence that a party claims played a direct role in the controversy

Want to know how it was obtained, if tempered, etc.

Question 4

Demonstrative evidence

Answer 4

Re-creation or imitation of some aspects of the controversy

Diagram of car accident that took place, will want to know if it is accurate

Question 5

Judicial notice

Answer 5

If is the fact that is indisputable true, the trial judge take judicial notice of that fact

The fact must be generally known or accurately and readily determined by consulting an unimpeachable source

Question 6

Circumstantial evidence

Answer 6

Any evidence that requires the jury to make an inference connecting the evidence with a dispute fact

The FRE do not use this phrase, but lawyers and judges do

Question 7

Substitutes for evidence

Answer 7

Stipulations or judicial notice

Stipulations are agreements between the parties on a fact; to introduce it as evidence both parties must agree to its exact language