Types of Evidence

1. Types of Evidence Chapter 3 Rules of Evidence

2. Relevant Evidence Relevant Evidence Any evidence that tends to prove or disprove any disputed fact in the case Merely needs to show that it is more probable that the facts exists than it appeared before the evidence was introduced No single piece of evidence has to make a fact appear more probable than not

3. Relevant Evidence Relevant evidence tends to establish a fact that is �at issue� in the case A fact that is in dispute Probative value Makes it appear that a fact probably occurred Tends to prove

4. Relevant Evidence To be admissible in trial relevant evidence must be material Material Evidence Must be relevant to some fact that is at issue in the case Have more than just a remote connection to the fact (can�t be too far removed from the issue)

5. Relevant Evidence Relevant evidence is NOT admissible if it would be Unusually prejudicial due to emotional impact on the jury Distract from the main issues Have minimal relevance (tests showing low accuracy rates)

6. Relevant Evidence Cumulative evidence Evidence from a different witness that contains all the essential details of previous witnesses May be excluded because it restates the same

7. Relevant Evidence Corroborative evidence Supports details of the case but does not duplicate what a prior witness said

8. Relevant Evidence Limited admissibility Relevant to one issue but the jury is told that they cannot consider it on other issues

9. Relevant Evidence Only relevant evidence can be admitted in court Any evidence will not be admitted in trial if the evidence was obtained in violation of the defendant�s constitutional rights or� If it violates an exception

10. Divided into two types Evidence can be classified into two types Direct Evidence Circumstantial Evidence

11. Direct and Circumstantial Evidence Direct Evidence Proves a fact without the need for an inference or presumption If the direct evidence is accepted by the trier of fact (jury) then the fact/issue it relates to is conclusively established

12. Direct and Circumstantial Evidence Circumstantial Evidence Evidence that indirectly proves a fact Requires the trier-of-fact to usn an inference or presumption in order to conclude that the fact exists

13. Direct and Circumstantial Evidence Inference A logical conclusion that a person can make based on a fact or group of facts Presumption A conclusion that the law requires the jury to make

14. Testimonial and Real Evidence Testimonial Evidence Evidence given by a competent witness testifying under oath or affirmation in a court proceeding Affidavits and depositions are frequently included in testimonial evidence

15. Testimonial and Real Evidence Real Evidence Anything that can be perceived with the five senses that tends to prove a fact in issue Testimonial evidence is excluded

16. Substitutes For Evidence Three Substitutes for Evidence Stipulation Judicial Notice Presumptions

17. Substitutes For Evidence Stipulation An agreement between the opposing attorneys to admit that one or more facts exist

18. Substitutes For Evidence Judicial Notice Procedure where the judge, on his/her own authority, tells the jury to conclude that a fact exists

19. Substitutes For Evidence Presumption A conclusion that the law requires the jury to draw from one or more facts that have been established by the evidence introduced at trial