Rules of evidence
Card Set Information
Rules of evidence
Rules of evidence, Court room testimony
Purpose of law of evidence
Enable a person to decide a disputed question of issue.
4 Sources of law of evidence
Testimonial evidence also known as?
Direct Evidence is derived from what?
Real Evidence also known as?
Which evidence tells its own mute story making its impression upon the mind of the viewer?
What rule applies to Documentary evidence?
Best Evidence Rule
Best evidence rule is what?
Preference for original
4 types of evidence
Testimonial Evidence (Direct)
Real Evidence (Demonstrative)
3 things that qualify a witness statement?
Opportunity to observe
Ability to remember
ability to relate accurately
4 stages of a trial
Prosecution (until rests)
4 types of witness examination
Direct Examination (Question your witness)
Cross Examination (Question opposition witness)
Re-Cross Examination (Can ask leading questions)
4 types of question?
Leading Questions (Not allowed during Direct Exam, allowed on cross examination)
Question requesting a narrative response
Jury's main role?
Way to attack credibility, to show witness is unworthy of belief usually during cross examination?
4 methods of Impeachment
Prior inconsistent statement
Defect in sensory or mental capacity (Impairment)
5 levels of proof from highest to lowest
1 - Beyond a reasonable doubt
2 - Clear and convincing evidence
3 - Preponerance of evidence
4 - Probable Cause
5 - Prima Facie (Preliminary Hearing)
Two types of presumtions
: Cannot be disproved except by proving non existence of basic fact.
: May be disproved by other evidence even if the underlying facts are true.
Burden in Criminal Law?
Presumption of innocence
The experience of mankind has shown to be valid?
Presumption of Fact
Drawn from the existence of established facts in the absence of contrary evicence (Possession of stolen goods)
Presumption of Law
Results from and is based on a process of reasoning, deduction, judgement or a conclusion drawn as a logical consequence from other facts proved or admitted.
What is a deduction the law requires?
What is a deduction that the fact finder may or may not draw according to thier own conclusions.
4 types of evidence that do not need to be proved?
Admissions in pleadings
: Agreed to ahead of time
Admissions by lawyers
What is the recognition of facts subject to common knowledge of certain verification as trye by the court without either party having to prove them.
The logical relationship between the evidence and facts at issue in the trial.
Evidence that is related to some legitimate issue in the case?
Unreasonable search and seizures?
Which ammendment is enforced through Exclusionary Rule
Exclusionary Rule includes what 4 things?
Ammendment: Self Incrimination, Forced confessions inadmissable, Fruit of the poisonous tree, Double Jeopardy
Ammendment: Confrontation of accusers, Impartial Jury, Assistance of councel
What applies the Bill of rights to the states?
A statement, picture or other item may be used to refresh memory is called what?
Present recollection Refreshed
4 rules of dying declaration?
Aware that death is both near and certain
Statement related to facts and circumstances surrounding the declarants death
Declarant qualifies as competant witness
Circumstantial Evidence can be used to prove 4 things?
Absence of mistake
Chain of custody is proven what two ways?
Witness ID's his markings or special ID
Show a continous chain of custody
3 keys to lineups and photo arrays
Arrest been made
Right to council
Case prep begins?
On street with first radio call
When you arrive at the court house
3 key elements to effective testimony?
Establish personal qualifications
ID of the defendant
Placement of defendant at the scene (establish jurisdiction)
What percentage of testimany strength lies in your presentation?
Rapid fire questions are used to?
5 defense tactice?
Rapid fire questioning
Mispronouncing officers name or rank
Reversing the witness words