Logo
Pattern

Discover published sets by community

Explore tens of thousands of sets crafted by our community.

Evidence Law Key Concepts

30

Flashcards

0/30

Still learning
StarStarStarStar

Rules designed to exclude evidence obtained in violation of a defendant's constitutional rights.

StarStarStarStar

Exclusionary Rule

StarStarStarStar

Evidence that is not directly about the fact at issue but is about the personal credibility of a witness.

StarStarStarStar

Impeachment Evidence

StarStarStarStar

A type of evidence that does not directly prove an element of the case but suggests a conclusion through a chain of logic.

StarStarStarStar

Circumstantial Evidence

StarStarStarStar

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.

StarStarStarStar

Best Evidence Rule

StarStarStarStar

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.

StarStarStarStar

Speculation

StarStarStarStar

This concept states that each piece of evidence must be sufficiently connected to the legal dispute to warrant its admission into the trial record.

StarStarStarStar

Relevance

StarStarStarStar

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.

StarStarStarStar

Rule 404(b)

StarStarStarStar

The burden of proof lies with the party who initiates an assertion or claim and typically must show their claim is valid.

StarStarStarStar

Burden of Proof

StarStarStarStar

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.

StarStarStarStar

Prior Consistent Statement

StarStarStarStar

This is where witnesses can testify to only that which they have personally observed or experienced and not what they have heard from others.

StarStarStarStar

Personal Knowledge Rule

StarStarStarStar

A requirement that evidence must directly relate to and prove an element of the case or legal issue at hand without needing inferential leaps.

StarStarStarStar

Direct Evidence

StarStarStarStar

A rule that allows certain out-of-court statements made by a party-opponent to be admissible as evidence.

StarStarStarStar

Party-Admission

StarStarStarStar

An exception to the hearsay rule that allows dying declarations to be admissible under certain circumstances.

StarStarStarStar

Dying Declaration

StarStarStarStar

A rule in criminal law that prohibits the admission of evidence of a victim's past sexual behavior.

StarStarStarStar

Rape Shield Law

StarStarStarStar

An objection during trial indicating that the question being asked of a witness is leading and suggesting the answer to the witness.

StarStarStarStar

Leading Question

StarStarStarStar

A principle where physical evidence connected with a crime must be proven to be in an unbroken and continuous condition.

StarStarStarStar

Chain of Custody

StarStarStarStar

Refers to a general barrier against using evidence from one person's wrongdoing to suggest they committed a separate offense.

StarStarStarStar

Propensity Evidence

StarStarStarStar

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.

StarStarStarStar

Hearsay

StarStarStarStar

The questioning of a witness by the party who did not call the witness to the stand.

StarStarStarStar

Cross-Examination

StarStarStarStar

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.

StarStarStarStar

Voir Dire of a Witness

StarStarStarStar

The process by which the court establishes that an item of evidence is genuine and what it purports to be.

StarStarStarStar

Authentication

StarStarStarStar

A notice or right requiring someone to appear in court and provide testament or document evidence, often in the form of a physical document.

StarStarStarStar

Subpoena

StarStarStarStar

The legal requirement that the prosecution must prove beyond a reasonable doubt every element of the crime charged in the indictment or charge.

StarStarStarStar

Proof Beyond a Reasonable Doubt

StarStarStarStar

An element of an environment, such as lighting or weather, that can decrease a witness's ability to observe and accurately identify a perpetrator.

StarStarStarStar

Estimator Variables

StarStarStarStar

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.

StarStarStarStar

Character Evidence Rule

StarStarStarStar

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.

StarStarStarStar

Issue Preclusion

StarStarStarStar

This governs the admissibility of records of a regularly conducted activity and allows such records to be admissible as an exception to hearsay.

StarStarStarStar

Business Records Exception

StarStarStarStar

This is the principle that the probative value of the evidence must outweigh any potential to unfairly prejudice, mislead, or confuse the jury.

StarStarStarStar

Probative vs Prejudicial

StarStarStarStar

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.

StarStarStarStar

Hearsay Exceptions

StarStarStarStar

This concept allows certain statements made under the belief of imminent death to be treated as reliable and admissible despite being hearsay.

StarStarStarStar

Declaration Against Interest

Know
0
Still learning
Click to flip
Know
0
Logo

© Hypatia.Tech. 2024 All rights reserved.