Term
| Federal Rules of Evidence |
|
Definition
| The rules of evidence used in the federal courts. |
|
|
Term
|
Definition
| A person who testifies about something he or she observed. |
|
|
Term
|
Definition
| A person who gives testimony about a subject of which the witness has personal knowledge. |
|
|
Term
|
Definition
| A person who, because of special qualifications, testifies about conclusions that may be drawn based on his or her expertise. |
|
|
Term
|
Definition
| A requirement for the admission of evidence at trial. Preliminary questions are asked to connect the legal issue with the evidence sought to be admitted; in connection with documentary evidence, questions are asked to determine the genuineness of the documents. |
|
|
Term
|
Definition
| A physical (tangible) piece of evidence that is offered to the court for consideration; for example, exhibits may be documents, charts, and photographs. |
|
|
Term
|
Definition
| Also called real evidence; tangible evidence that may be admitted during a hearing on a motion or at trial. |
|
|
Term
|
Definition
| Possessing physical form; can be seen and touched. |
|
|
Term
|
Definition
| A type of actual evidence including writings such as reports, business records, and correspondence. |
|
|
Term
|
Definition
| A type of actual evidence or exhibits created for use in court; includes diagrams, charts, and photgraphs. |
|
|
Term
|
Definition
| An agreement; when opposing counsel agree on an issue, the agreement is usually written or placed onto the record in the presence of the court reporter and binds all parties. |
|
|
Term
|
Definition
| An action taken by the court; the recognition by the court of the existence and truth of specific facts that are universally accepted or are public records. For example, judicial notice is used to acknowledge the laws of a state, the Constitution, or geographical statistics. |
|
|
Term
|
Definition
| Evidence that proves a point; for example, the tesimony of an eyewitness. |
|
|
Term
|
Definition
| Indirect evidence that provides the jury with information from which inferences may be drawn. |
|
|
Term
|
Definition
| A logical conclusion of a fact that is not supported by direct evidence; a deduction made by a judge or a jury, based on common sense and the evidence presented in the trial. |
|
|
Term
|
Definition
| The standard by which testimony or physical evidence is evaluated; relates directly to the fact in question and proves, or has a tendency to prove, a particular legal theory. |
|
|
Term
|
Definition
| A tool used to attack the credibility of a witness. |
|
|
Term
|
Definition
| A witness's testimony is weighed by the jury; credibility of the witness is established when his or her testimony is found to be worthy of belief. |
|
|
Term
|
Definition
| An out-of-court statement offered in evidence to prove the truth of the matter asserted. |
|
|
Term
|
Definition
| Evidence delivered under oath, either oral or through affirmation (by affidavit), by a competent witness. |
|
|
