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20 Cards in this Set
- Front
- Back
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Oral evidence |
Evidence that includesstatements made by insureds, claimants, and witnesses, including expertwitnesses. |
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Real evidence |
Animate or inanimatephysical and tangibleitems that are related to the original litigatedoccurrence. This includesmechanical parts,weapons, scars on a person'sbody, and similar physical items directly related to the claim |
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Demonstrative evidence |
Tangible items that were constructed after the original occurrence toprovethe facts presentedby the litigants. These visualor artificial aids help the judge and jury to better understandthe facts. |
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Pictorial evidence |
This preserves a visual image of physicalfacts, such as skid marks, damages to a car, broken bones, and potholesin a parking lot. This includes photographs, x-rays, videos, and similar images |
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Documentary evidence |
Includes writtenitems such as contracts, letters, instruction manuals, sales brochures, and other writingsthat can help establish liabilityor damages |
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Relevant evidence |
This proves that something is more or less likely to be true |
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Material evidence (consequential evidence) |
Evidence that tendsto establish a particular elementof the claim that has legal significance |
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Negative statement |
A statement taken from a person whowas near the accident scene, even if he or she indicates that he or she did not actuallysee the accident and cannot comment specifically as tothe cause. Such a statement can be used to discourage or refute later testimony that contradicts it |
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Witness |
A person who has seen or heard an accident and can furnish evidenceregarding the cause of the accident and the damagessustained by the parties involved |
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Hearsay |
Secondhand information that a witness testifying in court heard from someone else but did not personally see or hear |
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Hearsay rule |
The rule of evidencethat prevents the admission of out-of-court statements not made under oathby aperson who is unavailable to testify |
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Prior contradictory statements |
A witness's earlier out-of-court statements that can be presentedat a trial or hearing if they contradict his or her in-court testimony,casting doubt on the witness's credibility; |
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Admissions against interest |
Statements against the personal, pecuniary, or proprietary interest of a witness that subjecthim or her to civil or criminalliability |
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Spontaneous, excitedutterances |
Statements made under stress duringor immediately after a traumaticevent |
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Past recorded recollections |
The written or other recorded descriptions of an event that are recorded soon after theevent. These are admissible as evidence when they were accuratelyprepared and the witness testifiesin court that they are accurate and were recorded shortly after the event |
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Business or financial records |
Documents kept in the ordinary courseof a business with a regular practice of creating such records |
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Public records |
These are set forth activities observed pursuant to legal duty or fac tual findings resulting from a legallyauthorized investigation. These include factual findings,opinions, conclusions, and evaluations by officials who are involved with an accidentor event at the time of occurrence |
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Guilty pleas |
Admissions against interestin which a party admitsto responsibility at a trial |
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Prior convictions |
Court recordsshowing previous court decisions that a party was guilty of violations and was convicted. These are admissible when used toestablish the lack of credibility of a witness |
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Hostile witness |
A witness whose responseto the insured is morethan just unfriendly, but also adverse.Usually, an attitudeof bias or prejudice is displayed against the insured or claimant because of race or nationality, occupa tion or positionin society, physicalfeatures, or a dislike of his or her personality |
