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11 Cards in this Set
- Front
- Back
LIfe cycle of evidence
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• Collection and identification
• Storage, preservation, and transportation • Presentation in court • Return of the evidence to the victim or owner |
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Business record exemption
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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. |
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best evidence
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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.
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secondary evidence
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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
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direct evidence
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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. |
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conclusive evidence
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is irrefutable and cannot be contradicted. This type of evidence is very strong all by itself and does not require corroboration.
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circumstantial evidence
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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. |
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corroborative evidence
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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. |
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opinion rule
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When a witness testifies, the ______________ dictates that she must testify to only the facts
of the issue and not her opinion of the facts. |
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hearsay evidence
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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. |
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relevant, complete, sufficient, and reliable
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It is important that evidence be (4 things) to the case at hand
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