evidence Flashcards
what is admissible evidence?
evidence that is allowed to be presented in court because it conforms with the rules of evidence. The two fundamental tests are reliability and relevance.
what is inadmissible evidence?
evidence that is not allowed to be presented to the court because it is inconsistent with the rules of evidence.
what is direct (original evidence)?
a statement made by a witness in court offered as a proof of fact.
what is confessional evidence?
the voluntary admission of a person who has committed a crime.
what is indirect (circumstantial) evidence?
evidence from which a judge or jury could infer the existence of fact but which does not directly prove the existence of the fact.
what is best evidence?
the presentation of the original object or document at the trial that can prove an issue of fact.
what is secondary evidence?
evidence that suggests the existence of an original document or object where best evidence is not available.
what is expert evidence?
evidence given by a witness who has proven knowledge, skill, qualifications and experience in a particular field.
what are the kinds of inadmissible evidence?
- illegally obtained evidence
- heresay evidence
- opinion evidence
- past criminal evidence
what does voir dire mean?
voir dire means trial within a trial, in which a judge determines the admissibility of evidence in the absence of a jury.
what are the methods in which evidence is given?
viva voice - orally
interrogatory style - question and answer style
what is examination in chief?
occurs when a party calls their own witness to the stand and asks them open questions in order to establish the facts of the case
what is cross examination?
conducted by the opposing party, they ask leading questions to challenge the credibility or reliability of the witness’s evidence.
what is re-examination?
further examination by the party who called the witness to clarify matters arising out of cross-examination.
