Chapter 9 Flashcards
(46 cards)
What are the rules of evidence?
The rules governing the admissibility of evidence in legal proceedings and the weight given to admitted evidence.
What are the goals of the rules of evidence?
To secure fairness in administration, eliminate unjustifiable expense and delay, and ensure truth and justice are achieved.
What is evidence?
Testimony, writings, and material objects offered to prove an alleged fact or proposition.
What is direct evidence?
Evidence that directly proves a fact at issue without the need for inference or presumption.
What is circumstantial evidence?
Evidence that indirectly proves a fact at issue through a chain of inferences.
What is the prosecution’s goal regarding evidence?
To get the evidence admitted into trial.
What is the defense’s goal regarding evidence?
To keep the evidence out of trial.
What is a motion in limine?
A motion to exclude certain evidence from being presented in trial.
What makes evidence admissible?
It must be relevant, with its probative value outweighing any unfair prejudice or potential to mislead the jury.
What does “relevant evidence” mean?
Evidence that makes a fact more or less probable than it would be without the evidence.
What is probative value?
The extent to which evidence is useful to prove something important in a trial.
What is unfairly prejudicial evidence?
Evidence that suggests a decision based on improper factors, confuses issues, or misleads the jury.
What are exclusionary rules?
Rules that make certain evidence inadmissible to promote justice, such as offers of compromise, settlements, and plea negotiations.
What is privileged communication?
Protected communications within certain relationships that cannot be disclosed in court.
What is attorney-client privilege?
A privilege protecting confidential legal advice communications between an attorney and client.
Does accountant-client privilege exist under federal law?
No; it is limited and mainly applies to noncriminal tax matters before the IRS or federal court.
What is physician-patient privilege?
A privilege protecting confidential communications for treatment or diagnosis, but not applicable in criminal cases.
What is spousal privilege?
A privilege allowing a spouse to refuse to testify or prevent the other from testifying; applies to confidential marital communications.
What is priest-penitent privilege?
A privilege protecting confessions or confidential communications with clergy.
What is hearsay?
An oral or written assertion made outside of court offered to prove the truth of the matter asserted.
Is hearsay admissible?
Generally no, except for specific exceptions (e.g., excited utterance, business records, prior statements by a witness).
What is the authentication requirement for evidence?
Evidence must be authenticated or identified as what its proponent claims it to be.
What is the best evidence rule?
To prove the contents of a writing, recording, or photo, the original must usually be presented.
What is demonstrative evidence?
An item illustrating testimony (e.g., chart, diagram, photo) with no probative value on its own.
