Chapter 4

Question 1

Direct evidence

Answer 1

evidence that a witness personally observed, and which, if believed, directly establishes a fact.

ex. witness to a car crash

Question 2

Circumstantial evidence

Answer 2

evidence that does not directly establish a disputed fact.

ex. skidmarks to evidence speed at time of crash

Question 3

A presumption

Answer 3

a rule of law that allows the trier of fact to draw an inference—because one fact has been established by traditional evidence another fact also exists.

ex. if a letter was mailed, then it was also assumed to have been received

Question 4

Judicial notice

Answer 4

allows a court to find that certain facts are true without the parties presenting evidence of the fact.

Question 5

ESI

Answer 5

electronically stored information

Question 6

Evidence is relevant if

Answer 6

(a)
it has any tendency to make any fact more or less probable than it would be without the evidence and

(b)
the fact is of consequence in determining the action.”

Question 7

Types of Evidence

Answer 7

• Testimony: Statements from witnesses made under penalty of perjury
• Documentary: Documents such as medical or employment records; e-mails or other correspondence
• Real Evidence: A physical object used as proof of an issue
  *- Demonstrative: An item created for trial such as photographs, models, video, or PowerPoints
• Presumptions: Inferences allowed by law
• Judicial Notice: Allows the court to accept the truth of certain facts because the facts are common knowledge or are found in irrefutable sources
• Electronically Stored Information: Information created or stored in electronic format

Question 8

Hearsay

Answer 8

an out-of-court statement introduced in court and offered to prove the truth of the statement made.

Question 9

Exceptions to Hearsay rule

Answer 9

• Excited utterance: Because of the excitement, the person making the statement is presumed to have had no time to fabricate the statement.
• Existing mental, emotional, or physical condition (state of mind): Statements that show the declarant’s state of mind, emotion, or physical condition are admissible. This includes statements that show intent, plan, motive, mental feeling, or pain.
• Statements made for the purpose of medical diagnosis or treatment: Patients seeking treatment from a doctor are presumed to be more likely to tell the doctor the truth to obtain appropriate treatment.
• Business records: Records kept in the course of regular business activity generally fall within this exception, under the theory that businesses require accurate records for their operations.
• Unavailability of person who made statement: Under some circumstances, certain types of hearsay are admissible if the person who made the statement is unavailable for trial.
• Statements against interest: When a person has made a statement against his or her legal, business, or financial interests, that statement is presumed to be true because it is assumed that the person would have no reason to make up detrimental statements against himself or herself.

Question 10

evidence log

Answer 10

maintain an accurate record of the evidence, including any transfer of custody.