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15 Cards in this Set
- Front
- Back
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used as basic of inference and the means to establish proof in judicial proceedings any species of proof, of probative value, legally presented at the trial of an issue by act of parties and through the medium of witnesses, records, doc.s, for purpose of inducing belief in minds of court or jury contention |
evidence |
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effect of evidence, establishment of fact |
proof |
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-inference in favor of a particular fact -presumption is a rule of law, statutory or judicial, by which finding of a basic fact gives rise to the existence of presumed fact -allows an inference to be drawn as to the existence of one fact from existence of some other established fact |
presumption |
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truth or proposition drawn from another which is supposed or admitted to be true. -already proved or admitted -process of reasoning |
inference |
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legal process where no actual evidence need be introduced for the court to accept the existence of a fact, principle, tendency, or circumstance. -within knowledge of the court |
judicial notice |
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the necessity or duty of affirmatively proving a fact or facts in dispute on an issue between the parties in a cause "beyond reasonable doubt" |
burden of proof |
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types of evidence |
1. physical 2.testimonial- spoken form(eyewitness) 3.documentary (written form) |
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witness competency |
1. witness is able to communicate 2. knows difference between truth a lie and tell truth under oath |
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process where police get a witness or victim to identify a suspect as the perpetrator of the crime |
eye-witness id |
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type of eye witness identification where you have suspect in physical custody and is put next to other persons |
lineup |
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type of eye witness id where you have pictures |
photo spread |
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type of witness usually conducted at scene of crime and used soon after the suspect is being detained |
one on one id (show ups) in the court room is another one |
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relationships |
husband-wife attorney-client minister-penitent doctor-patient victim-victim advocate |
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reliable evidence has |
physical documentary testimonial |
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judicially created rule to remedy violations of a persons constitutional rights by suppressing the evidence from trial and thereby punishing the offending police officers |
exclusionary rule |
