Evidence Flashcards
Why is evidence called?
To prove facts in issue
Does evidence that is agreed on still require proving?
Yes but can use alternative means to live evidence
What are the ways of proving a fact by means other than live evidednce?
- agreeing witness statement as true
- agreeing facts between parties
- judicial notice
What weight does agreeing a witness statement as true carry?
Same as if witness testified in person
When can agreeing a witness statement as true be used?
If there is no challenge to the evidence
What is judicial notice?
Facts widely known and generally recognized, proof not necessary
Can jurors do their own research?
No
Can juror take into account personal knowledge?
Not if not generally known
What are the types of evidence?
- oral
- written
- real
- direct
- circumstantial
- A view
What is real evidence?
Objects and things brought to court for inspection.
What is direct evidence?
Witness testimony of direct experience with a matter in issue.
What is circumstantial evidence?
Inferences drawn from the evidence
What is a view?
Juries visit a crime scene or view an object outside of court
What must evidence be for it to be admissible?
Relevant (logically provative of fact in issue)
What other matters will affect evidence?
Exclusionary rules
Weight given by jurors
