Evidence Classifications

Question 1

Judicial notice

Answer 1

= procedural mechanism that allows the judge to recognize a fact as true without formal presentation of evidence

RULE 201

Question 2

Types of adjudicative facts

Answer 2

1. Notorious facts

2. Manifest facts

Question 3

Notorious facts

Answer 3

= Generally known within the trial court’s territorial jurisdiction

Question 4

Manifest facts

Answer 4

= Things that can be accurate and readily determined from sources whose accuracy cannot reasonably questioned

Question 5

Procedure for judicial notice

Answer 5

• May be taken at any time whether or not request

- Such notice is mandatory if a party requests and supplies the court with necessary information

Question 6

Direct evidence

DEFINITION

Answer 6

= direct proof of a factual proposition

Question 7

Direct evidence

KEY TAKEAWAYS

Answer 7

• Relies on actual knowledge

- Goes directly to a material issue without intervention of an inferential process

Question 8

Direct evidence

EXAMPLE

Answer 8

On the issue of whether anyone had recently crossed a snow-covered bridge,
the testimony of a witness that he saw a man crossing
= direct evidence

Question 9

Direct evidence

TEST

Answer 9

Evidence is direct when …

• the facts very in dispute
• are communicated
• by those who have
• actual knowledge
• by means of their senses

Question 10

Circumstantial evidence

DEFINITION

Answer 10

= indirect proof

Question 11

Circumstantial evidence

KEY TAKEAWAYS

Answer 11

• Relies on inference
• Evidence of a subsidiary or collateral fact from which, alone or in conjunction with a cluster of other facts, the existence of the material can be inferred

Question 12

Circumstantial evidence

EXAMPLE

Answer 12

On the issue of whether anyone had recently crossed a snow-covered bridge,
the testimony of a witness that he saw human footprints in the snow on the bridge
= circumstantial evidence

Question 13

Testimonial evidence

Answer 13

= oral evidence given under oath

• Witness responds to the questions of the attorneys

Question 14

Documentary evidence

Answer 14

= evidence in the form of a writing

• Such as a contract or a confession

Question 15

Real evidence

Answer 15

= the term applied to evidence consisting of things as distinguished from assertions of witnesses about things

• Includes anything conveying a firsthand sense impression to the trier of fact
• Such as knives, jewelry, maps, or tape recordings

Question 16

Types of burdens

Answer 16

1. Burden of production

2. Burden of persuasion

Question 17

Burden of production

2 KEY TAKEAWAYS

Answer 17

• You must come forward with sufficient evidence to enable a rational factfinder to find in your favor
• Otherwise, you may lose on directed verdict

Question 18

Burden of persuasion

3 KEY TAKEAWAYS

Answer 18

• To meet this burden, the party with the burden must convince the fact-finder of the fact’s existence
• A failure to do so will mean losing the case
• The amount of evidence necessarily depends on the type of case

Question 19

Presumption

DEFINITION

Answer 19

• Describes the relationship between two facts
  1. Basic fact
  2. Presumed fact
• If a party proves, the basic fact = existence of the second fact is presumed to be true

Question 20

Methods of rebutting a presumption

Answer 20

1. Attack the basic fact

2. Rebut the presumption

Question 21

Two results of rebutting presumption

Answer 21

1. Bursting the bubble

2. Morgan rule

Question 22

Types of presumption

Answer 22

1. Conclusion/mandatory presumption
2. Rebuttable presumption
3. Permissible inference

Question 23

Conclusion/mandatory presumption

EFFECT

Answer 23

1. Once the basic fact is established
   = the presumption is conclusively established
2. = the opposing party may not contest the presumed fact

Question 24

Rebuttable presumption

EFFECT

Answer 24

1. Once the basic fact is established = the presumed fact comes into being
   = the burden shifts to the other party
2. The other party now has the burden of rebutting the presumption pursuant to either bursting the bubble or the morgan rule
3. Failure to satisfy the burden of production in rebuttable = the presumption remains
   OR
4. Satisfying the burden of production in rebuttable = presumption no longer exists
5. Though the judge typically then instructs the jury to treat the presumption as a permissive inference

Question 25

Permissible inference

Answer 25

= factual conclusion that the jury may, but is not required to, draw from the proof of the basic fact