Evidence Chapt 3

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Evidence Chapt 3
2010-04-26 15:27:09

evidence final terms
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  1. evidence that proves a disputed fact directly, ex: through an eyewitness
    direct evidence
  2. proves a disputed fact indirectly by first proving another fact. from this other fact an inference may be drawn as to the original disputed fact
    circumstantial evidence
  3. a deduction of fact that may logically be drawn from another fact
  4. oral or "spoken" evidence presented by witnesses who come into court to give their testimony under oath
    testimonial evidence
  5. something that can be tangibly perceived, objects or materials that can be seen, touched, or felt
    physical evidence
  6. a writing or record, including letters, typewriting, wills, contracts, deeds, notes, printings, pictures, sketches, or recordings
    documentary evidence
  7. evidence that "demonstrates," illustrates, or recreates evidence that has already been presented
    demonstrative evidence
  8. evidence that tends to clear a party of blame or guilt
    exculpatory evidence
  9. a motion to dismiss a case because evidence favorable to the accused has been suppressed by the state, either willfully or inadvertently, resulting in prejudice to the defendant
    brady motion
  10. when a judge recognizes and accepts a certain fact that is commonly known in the community or capable of accurate and ready determination
    judicial notice
  11. an agreement between parties to a legal action, where one party admits to or agrees not to contest the offering of a certain fact, relieving the other party from the burden of proving it
  12. the basis for a lawsuit
    cause of action
  13. a formal request for a trial judge to order the production of documents or other evidence
    motion to compel
  14. a legal rule, established by case law, that prohibits the admissions of illegally obtained evidence in a criminal action
    exclusionary rule
  15. an item offered in evidence that is properly marked for later identificaton
    • exhibit
    • to challenge evidence or testimony introduced at trial
    • object(ion)
  16. presenting evidence that sets the groundwork for other evidence, and authenticating and identifying the evidence
    laying a foundation
  17. part of laying a foundation, where a witness testifies that evidence is what it appears to be
  18. means for verifying the authenticity and integrity of evidence by establishing where the evidence has been and who handled it prior to trial
    chain of custody
  19. ensuring that a properly maintained record of case documents and a thorough transcript of the trial proceedings is kept
    make the record
  20. formal record, taken by a court reporter, of what is said and done at trial, including any "on-the-record" conversations or offers of proof