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40 Cards in this Set
- Front
- Back
Evidence
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n. every type of proof legally presented at trial (allowed by the judge) which is intended to convince the judge and/or jury of alleged facts material to the case.
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Preponderance
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superiority in weight, power, importance, or strength.
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Weight of Evidence
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n. the strength, value and believability of evidence presented on a factual issue by one side as compared to evidence introduced by the other side.
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Probative Value
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to establish proof, prove a fact; no matter number of witnesses.
based on value of testimony not the number of witnesses. n. evidence which is sufficiently useful to prove something important in a trial. However, probative value of proposed evidence must be weighed by the trial judge against prejudicing in the minds of jurors toward the opposing party or criminal defendant. |
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Discovery
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n. the entire efforts of a party to a lawsuit and his/her/its attorneys to obtain information before trial
i.e. gathering of documents, depositions |
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Circumstantial Evidence
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n. evidence in a trial which is not directly from an eyewitness or participant and requires some reasoning to prove a fact.
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Direct Evidence
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n. real, tangible or clear evidence of a fact, happening or thing that requires no thinking or consideration to prove its existence, as compared to circumstantial evidence.
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Exhibits
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n. 1) a document or object (including a photograph) introduced as evidence during a trial. These are subject to objections by opposing attorneys just like any evidence.
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Chain of Custody
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refers to the chronological documentation or paper trail, showing the seizure, custody, control, transfer, analysis, and disposition of physical or electronic evidence.
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Wigmore
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10-volume treatise on evidence (1904-05); referred to as “Wigmore on Evidence,” or simply “Wigmore.”
Named after its author John Wigmore |
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Motion in Limine
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a motion made at the start of a trial requesting that the judge rule that certain evidence may not be introduced in trial. This is most common in criminal trials where evidence is subject to constitutional limitations
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Voir Dire
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"to see to speak," the questioning of prospective jurors by a judge and attorneys in court. Voir dire is used to determine if any juror is biased and/or cannot deal with the issues fairly, or if there is cause not to allow a juror to serve
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Case-in-chief
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Cause of action or defense presented at a trial by a litigant party. The party with the burden of proof usually presents its case-in-chief at the beginning of the trial.
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Exculpate
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Show or declare that (someone) is not guilty of wrongdoing
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Polling the Jury
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A practice whereby the jurors are asked individually whether they assented, and still assent, to the verdict; it consists of calling the name of each juror and requiring a declaration of his or her verdict before it is recorded.
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Cumulative
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cumulative evidence, or that which goes to prove the same point which has been established by other evidence.
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Relevance/ Relevancy
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is the tendency of a given item of evidence to prove or disprove one of the legal elements of the case, or to have probative value to make one of the elements of the case likelier or not.
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Propensity
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An innate inclination; a tendency.
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Character
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The opinion generally entertained of a person derived from the common re 'port of the people who are acquainted with him.
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Statement
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1. The act of stating or declaring.
2. Something stated; a declaration. 3. Law A formal pleading |
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Declarant
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n. the person making a statement, usually written and signed by that person, under "penalty of perjury" pursuant to the laws of the state in which the statement, called a declaration, is made. The declaration is more commonly used than the affidavit, which is similar to a declaration but requires taking an oath to swear to the truth attested to (certified in writing) by a notary public.
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Hearsay
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second-hand evidence in which the witness is not telling what he/she knows personally, but what others have said to him/her.
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Statements not offered for the truth of the matter
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out-of-court statements offered not for its truth but merely to impeach and/or attack credibility
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Privilege
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n. a special benefit, exemption from a duty, or immunity from penalty, given to a particular person, a group or a class of people.
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Inter Alia
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"among other things." This phrase is often found in legal pleadings and writings to specify one example out of many possibilities.
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Extrinsic Evidence
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Facts or information not embodied in a written agreement such as a will, trust, or contract.
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Impeachment
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discrediting a witness by showing that he/she is not telling the truth or does not have the knowledge to testify as he/she did
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actus reus
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"Guilty act" As an element of criminal responsibility, the wrongful act or omission that comprises the physical components of a crime.
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aiding and abetting
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helping in the commission of a crime while possibly not being present at the time of the crime. the accused was aware of the crime either before or after and assisted in the commision or covering of it.
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mens rea
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"guilty mind," or criminal intent in committing the act.
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assault
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the threat or attempt to strike another, whether successful or not, provided the target is aware of the danger
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battery
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the actual intentional striking of someone, with intent to harm, or in a "rude and insolent manner" even if the injury is slight.
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assault and battery
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the combination of the two crimes of threat (assault) and actual beating (battery). They are both also intentional civil wrongs for which the party attacked may file a suit for damages.
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larsony
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The unauthorized taking and removal of the Personal Property of another by an individual who intends to permanently deprive the owner of it; a crime against the right of possession.
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robbery
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the direct taking of property (including money) from a person (victim) through force, threat or intimidation.
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infra
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see below
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supra
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see above
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pro forma
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formality
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scienfer
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knowledge that will result in one's guilt
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information
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accusation of the commision of a crime
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