Explore tens of thousands of sets crafted by our community.
Evidence Law Fundamentals
30
Flashcards
0/30
Documentary Evidence
Evidence in the form of documents.
Authentication
The process of proving that an item of evidence is genuine.
Judicial Notice
Recognition of a fact as true without formal presentation of evidence.
Balancing Test
Judicial assessment of the relative interests of the parties in a legal matter, weighed against each other.
Lay Witness
A non-expert who testifies in a trial, only about facts, and not about opinions that require expert evaluation.
Beyond a Reasonable Doubt
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.
Expert Witness
A person with specialized skill sets giving testimony about an issue requiring expertise.
Circumstantial Evidence
Evidence that requires inference to connect it to the conclusion of fact.
Relevance
A characteristic of evidence that makes the fact that is being proved more or less probable.
Physical Evidence
Tangible items that can be examined (e.g., weapons, clothing, fingerprints).
Self-Incrimination
Act of exposing oneself to an accusation or charge of crime.
Impeachment
The process of challenging the credibility of a witness.
Corroborating Evidence
Additional evidence that supports or confirms existing evidence.
Spoliation of Evidence
Intentional or negligent withholding, hiding, altering, or destroying evidence relevant to a legal proceeding.
Preponderance of the Evidence
The standard of proof in civil trials; requires that a party's claim be more likely true than not.
Probative Value
The ability of evidence to prove something that is material to a crime.
Burden of Proof
The obligation to present evidence to support one's claim.
Direct Evidence
Evidence that directly proves a fact without needing any inference or presumption.
Materiality
Refers to the significance of evidence in proving a legal dispute.
Privilege
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.
Habit Evidence
Evidence of a person's routine practice or an organization's routine manner of conduct.
Leading Question
A question that suggests the answer or contains the information the examiner is aiming to have confirmed.
Chain of Custody
The documented and unbroken transfer of evidence.
Voir Dire
A preliminary examination of a witness or a juror by a judge or counsel.
Hearsay
An out-of-court statement offered to prove the truth of the matter asserted.
Eyewitness Testimony
Firsthand account of a witness who observed the event in question.
Character Evidence
Evidence that shows a person's character to prove their propensity to act a certain way.
Exculpatory Evidence
Evidence that can prove the innocence of a defendant.
Best Evidence Rule
A legal principle that requires the original document or the best available evidence to be presented in court.
Admissible Evidence
Evidence that is allowed to be presented in court.
© Hypatia.Tech. 2024 All rights reserved.