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14 Cards in this Set
- Front
- Back
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any species of proof of probative value, legally presented at the trial of an issue, by the act of the parties and through the medium of witnesses, records, documents, exhibits, concrete objects, etc., for the purpose of inducing belief in the minds of the court or jury as to their contention. (BLACK'S LAW DICTIONARY) |
evidence |
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effect of evidence, the establishment of a fact by evidence |
proof |
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inference in favor of a particular fact. rule of law, statutory or judicial, by which finding of a basic facts gives rise to the existence of presumed fact, until presumption is rebutted. (BLACK'S LAW DICTIONARY) -legally allows inference to be drawn as to the existence of one fact from existence of other found facts |
presumption |
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truth or proposition drawn from another which is supposed or admitted to be true |
inference |
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process whereby no actual evidence needs to be introduced for court to accept the existence of a fact, principle, tendency, or circumstance. -can be taken by court when item is deemed to be within the knowledge of the court and not required to be proven |
judicial notice |
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in law of evidence, necessity or duty of affirmatively proving a fact or facts in dispute on an issue raised between the parties in a cause. 'innocent until proven guilty' |
burden of proof |
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prove fact directly, without necessity of inference or presumption. -establishes fact from piece of evidence itself -eye witness -fingerprint |
direct evidence |
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prove a point by proving another fact that allows inference or existence -evidence & info |
indirect or circumstantial evidence |
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evidence that can be touched, held, examined. |
physical(real) evidence |
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any evidence presented in spoken form. -eye witness -expert witness -statements taken in disposition |
testimonial evidence |
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form of physical evidence that consists info in a written form -computer files -hearsay |
documentary |
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Admissibility is determined by |
court made rules, statutes, and by case law |
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evidence will be admissible if it |
has probative value, it is relevant to an issue, and it is not otherwise objectionable under the law |
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measure of how dependable or trustworthy a piece of evidence is -judge will exclude it to prevent confusion of the jurors or members |
reliability |
