Rules of Evidence test 7

Flashcards created from the lecture notes on the Rules of Evidence, covering key terms and definitions essential for understanding legal evidence.

Direct Evidence

Evidence which, if believed, proves the existence of a fact without requiring the court or jury to make an inference or deduction.

Circumstantial Evidence

Evidence from which the court or jury may draw inferences or make deductions.

Real evidence

Physical objects, gun drugs

Testimonial evidence

Evidence that comes from the testimony of a person, as opposed to documentary evidence

Documentary Evidence

Paper evidence, written instruments

Demonstrative evidence

Some form of real evidence

Maps, Diagrams, Charts, Photographs, X-rays

2 types of opinion evidence

Expert opinion

Lay opinion

Expert opinion

An expert by knowledge, skill experience training or education

Lay Opinion

witness is testifying

Form of opinions and inferences

Competence

The legal qualification of evidence to be offered in court; must have personal knowledge of an event.

Incompetent evidence

Evidence obtained illegally

Relevance

Evidence must be relevant to the legal or factual issues at hand to be admissible in court.

Incompetent Witness

Judges cannot testify in a case that they are presiding over

Nor can a juror

Unsound mind

Hearsay

A statement other than one made by the declarant while testifying at trial, offered to prove the truth of the matter asserted.

Statements that are not hearsay

Admission by a party occupant

Prior inconsistent statements

Prior consistent statements

Affirmative Defense

A defense where the defendant admits to committing the act but argues there was a justifiable reason.

Excited Utterance

A statement relating to a startling event made while the declarant was under stress of excitement caused by the event.

Dying Declarations

Statements made by a person who believes they are about to die, relating to the cause of their death.

Admissible

Chain of Custody

A process that ensures evidence is maintained in its original condition, documenting its handling from collection to presentation in court.

Opinion Evidence

Evidence presented in the form of an opinion, can be categorized as expert opinion or lay opinion.

Is reasonable belief enough for a search warrant

No, PC is required

Search warrant execution deadline

14-day rule