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