Cissp: Evidence

Front 1

LIfe cycle of evidence

Back 1

• Collection and identification
• Storage, preservation, and transportation
• Presentation in court
• Return of the evidence to the victim or owner

Front 2

Business record exemption

Back 2

Under this rule, a party could admit any records of a business (1) that were made in the regular course of business; (2) that the business has a regular practice
to make such records; (3) that were made at or near the time of the recorded event; and (4) that contain information transmitted by a person with knowledge
of the information within the document.

Front 3

best evidence

Back 3

is the primary evidence used in a trial because it provides the most reliability. An example of something that would be categorized as this type of evidence is an original signed contract.

Front 4

secondary evidence

Back 4

is not viewed as reliable and strong in proving innocence or guilt (or liability in civil cases). Oral evidence, such as a witness’s testimony, and copies of original documents are placed in this category

Front 5

direct evidence

Back 5

can prove a fact all by itself and does not need backup information to refer to. When this type of evidence is used, presumptions are not required. One example of
this type of evidence is the testimony of a witness who saw a crime take place. often is based on information gathered from a witness’s five senses.

Front 6

conclusive evidence

Back 6

is irrefutable and cannot be contradicted. This type of evidence is very strong all by itself and does not require corroboration.

Front 7

circumstantial evidence

Back 7

can prove an intermediate fact that can then be used to deduce or assume the existence of another fact. This type of fact is used so the judge or jury will
logically assume the existence of a primary fact.

Front 8

corroborative evidence

Back 8

is supporting evidence used to help prove an idea or point. It cannot stand on its own but is used as a supplementary tool to help prove a primary
piece of evidence.

Front 9

opinion rule

Back 9

When a witness testifies, the ______________ dictates that she must testify to only the facts
of the issue and not her opinion of the facts.

Front 10

hearsay evidence

Back 10

pertains to oral or written evidence presented in court that is secondhand and has no firsthand proof of accuracy or reliability. If a witness testifies about
something he heard someone else say, it is too far removed from fact and has too many variables that can cloud the truth.

Front 11

relevant, complete, sufficient, and reliable

Back 11

It is important that evidence be (4 things) to the case at hand