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Evidence Law Fundamentals

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A characteristic of evidence that makes the fact that is being proved more or less probable.

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Beyond a Reasonable Doubt

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The standard of proof required in criminal trials; the evidence must be so conclusive that there are no reasonable doubts regarding the defendant's guilt.

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Burden of Proof

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The obligation to present evidence to support one's claim.

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Direct Evidence

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Evidence that directly proves a fact without needing any inference or presumption.

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Preponderance of the Evidence

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The standard of proof in civil trials; requires that a party's claim be more likely true than not.

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Chain of Custody

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The documented and unbroken transfer of evidence.

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Materiality

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Refers to the significance of evidence in proving a legal dispute.

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Admissible Evidence

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Evidence that is allowed to be presented in court.

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Circumstantial Evidence

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Evidence that requires inference to connect it to the conclusion of fact.

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Probative Value

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The ability of evidence to prove something that is material to a crime.

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Hearsay

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An out-of-court statement offered to prove the truth of the matter asserted.

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Best Evidence Rule

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A legal principle that requires the original document or the best available evidence to be presented in court.

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Self-Incrimination

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Act of exposing oneself to an accusation or charge of crime.

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Lay Witness

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A non-expert who testifies in a trial, only about facts, and not about opinions that require expert evaluation.

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Impeachment

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The process of challenging the credibility of a witness.

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Balancing Test

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Judicial assessment of the relative interests of the parties in a legal matter, weighed against each other.

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Judicial Notice

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Recognition of a fact as true without formal presentation of evidence.

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Exculpatory Evidence

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Evidence that can prove the innocence of a defendant.

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Leading Question

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A question that suggests the answer or contains the information the examiner is aiming to have confirmed.

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Habit Evidence

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Evidence of a person's routine practice or an organization's routine manner of conduct.

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Physical Evidence

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Tangible items that can be examined (e.g., weapons, clothing, fingerprints).

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Eyewitness Testimony

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Firsthand account of a witness who observed the event in question.

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Expert Witness

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A person with specialized skill sets giving testimony about an issue requiring expertise.

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Privilege

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A rule of evidence that allows a witness to decline to answer questions that would expose him or her to self-incrimination, or that protect certain relationships from disclosure in court.

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Documentary Evidence

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Evidence in the form of documents.

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Authentication

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The process of proving that an item of evidence is genuine.

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Spoliation of Evidence

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Intentional or negligent withholding, hiding, altering, or destroying evidence relevant to a legal proceeding.

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Voir Dire

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A preliminary examination of a witness or a juror by a judge or counsel.

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Corroborating Evidence

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Additional evidence that supports or confirms existing evidence.

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Character Evidence

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Evidence that shows a person's character to prove their propensity to act a certain way.

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