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Evidence Law Key Concepts
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Rules designed to exclude evidence obtained in violation of a defendant's constitutional rights.
Exclusionary Rule
Evidence that is not directly about the fact at issue but is about the personal credibility of a witness.
Impeachment Evidence
A type of evidence that does not directly prove an element of the case but suggests a conclusion through a chain of logic.
Circumstantial Evidence
A principle allowing one to introduce a writing (or recording or photograph) into evidence only if the original is produced or its absence validly explained.
Best Evidence Rule
A principle that forbids a witness from testifying to the motivations or intentions of another, unless the witness is giving an opinion based on observations as an expert.
Speculation
This concept states that each piece of evidence must be sufficiently connected to the legal dispute to warrant its admission into the trial record.
Relevance
A procedural rule that prevents the admission of other wrongs or acts to prove a person's character in order to show that they acted in conformity with that character on a particular occasion.
Rule 404(b)
The burden of proof lies with the party who initiates an assertion or claim and typically must show their claim is valid.
Burden of Proof
This principle allows prior statements by a witness written or said under oath to be used for the truth of the matter asserted in court.
Prior Consistent Statement
This is where witnesses can testify to only that which they have personally observed or experienced and not what they have heard from others.
Personal Knowledge Rule
A requirement that evidence must directly relate to and prove an element of the case or legal issue at hand without needing inferential leaps.
Direct Evidence
A rule that allows certain out-of-court statements made by a party-opponent to be admissible as evidence.
Party-Admission
An exception to the hearsay rule that allows dying declarations to be admissible under certain circumstances.
Dying Declaration
A rule in criminal law that prohibits the admission of evidence of a victim's past sexual behavior.
Rape Shield Law
An objection during trial indicating that the question being asked of a witness is leading and suggesting the answer to the witness.
Leading Question
A principle where physical evidence connected with a crime must be proven to be in an unbroken and continuous condition.
Chain of Custody
Refers to a general barrier against using evidence from one person's wrongdoing to suggest they committed a separate offense.
Propensity Evidence
A statement not based on the personal knowledge of a witness, typically repeated information heard from someone else, that is usually not admissible as evidence.
Hearsay
The questioning of a witness by the party who did not call the witness to the stand.
Cross-Examination
A procedure that allows a party to reveal to the court what their witness will say if called to testify, to determine the admissibility of that testimony before it is presented to the jury.
Voir Dire of a Witness
The process by which the court establishes that an item of evidence is genuine and what it purports to be.
Authentication
A notice or right requiring someone to appear in court and provide testament or document evidence, often in the form of a physical document.
Subpoena
The legal requirement that the prosecution must prove beyond a reasonable doubt every element of the crime charged in the indictment or charge.
Proof Beyond a Reasonable Doubt
An element of an environment, such as lighting or weather, that can decrease a witness's ability to observe and accurately identify a perpetrator.
Estimator Variables
This rule allows a character witness to testify about a person's character, but restricts them to only testifying about their reputation or opinion, not specific past instances of conduct.
Character Evidence Rule
A doctrine that prohibits one party from re-litigating an issue of fact or law that has already been decided by a competent court in a previous case involving the same parties.
Issue Preclusion
This governs the admissibility of records of a regularly conducted activity and allows such records to be admissible as an exception to hearsay.
Business Records Exception
This is the principle that the probative value of the evidence must outweigh any potential to unfairly prejudice, mislead, or confuse the jury.
Probative vs Prejudicial
A set of principles governing when a witness may testify regarding a statement made out of court that does fall within the definition of hearsay.
Hearsay Exceptions
This concept allows certain statements made under the belief of imminent death to be treated as reliable and admissible despite being hearsay.
Declaration Against Interest
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