Term
How are court rules re: evidence followed?
Why is this so important |
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Definition
| Court rules are strictly followed. If something is not admitted into evidnece, to the jury, it is like it never happened. |
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Term
| What you understand when investigating a case as a paralegal? |
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Definition
| You should understand the importance of evidence. |
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Term
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Definition
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GENERALLY CONSIDERED – information presented at tiral or other hearing – including documents, photos, witnesses
In the bike accident, it could include the bike, video of the accident, medical bills, and medical exams
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Term
How would you prove pain and suffering during a trial?
What kind of evidence would this be? |
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Definition
Have the plaintiff testity about how much pain she's in.
Haver her testify to the fact that she is in pain = direct proof. |
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Term
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Definition
| proof of a fact without the need of other facts leading up to it |
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Term
| What is circumstantial evidence? |
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Definition
| Facts indirectly prove it i.e. other similar buses with problem, hearing a cracking sound, testimony by operator that the bus did not brake correctly |
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Term
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Definition
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Presumption means that the trial of fact is allowed per the rule of law to draw an inference from the facts … proof of mailing enough to prove received “mail box rule”
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Term
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Definition
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On the other hand, Judicial notice allows jurors or court to receive evidence without need of proof i.e. commonly accepted facts see FRE 201
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Term
| What should your strategy be regarding judicial Notice? |
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Definition
| You should try to get as many things as possible admitted under judicial notice |
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Term
| How can judicial notice be admitted? |
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Definition
| The Court can take judicial notice of evidence on its own or you can ask it to. |
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Term
Do you want to have all your evidence admitted ahead of time?
Why or why not? |
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Definition
Some pieces of evidence you do not want to have admitted ahead of time. These are usually things that you want the jury to take serious notice of so you would want to prove them in front of the jury.
(i.e. ticket for biking on the sidewalk.) |
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Term
Does the federal rules of evidence allow both Presumption and Judicial Notice?
Why? |
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Definition
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šFederal Rules of Evidence Uses both types and has been created for fair administration of justice – FRE 102
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Term
| What is tesitmonal evidence? |
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Definition
| Testimonal evidence is something that is spoken |
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Term
What is relevance?
What is its relationship to admissibility? |
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Definition
Evidence having any tendency to make the existence of any fact that is of consequence to determine the action more or less probable
It is the KEY to admissibility and first test used for each piece of evidence. (See FRE 401).
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Term
Is Insurance Coverage Relevant?
Why or why not? |
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Definition
| Insurance coverage is not considered relevant because the courts do not want to think "The Money is the Insurance Company's money and not the defendant's money so it won't hurt the defendant if I decide in his/her favor." |
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Term
What is the chain of custody Rule?
Why do we have this rule? |
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Definition
The Chain of Custody Rule keeps track of who had a piecce of physical evidence and when.
This exists in case a piece of evidence is damaged, exactly what happened to it is known. |
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Term
What is Best Evidence?
How does it relate to witness testimony?
To physical evidence? |
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Definition
It is the very best evidence that can best prove your story.
I.e. someone actually testifing about themselves is better than the deposition transcripts.
Or an actual item is better than a photo of the item. |
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Term
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Definition
| an out of court statement used to prove the truth of the matter asserted |
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Term
Is hearsay relevant?
Is it admissible? |
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Definition
| It is relevant but it is generally not admissbile (but there are exceptions.) |
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Term
| Under what exceptions is hearsay admissible? |
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Definition
1) excited utterence,
2) state of mind,
3) statements for medical purpose,
4) business record,
5) unavailability of person,
6) statements against interest (of defendant or plaintiff) |
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Term
| Do Deposition transcripts count as hearsay? |
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Definition
| Yes, deposition transcripts count as hearsay. |
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Term
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Definition
| Having the effect of proof, tending to prove, or actually proving. |
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Term
What is prejudicial evidence?
Example?
Is it admissibile? |
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Definition
Evidence is “prejudicial” if it makes the defendant look bad but does not help answer a question to be decided.
i.e. criminal conviction
Evidence is admissible only if relevant to the issue to be decided at trial, not prejudicial.
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Term
| Tip to help determine the relevancy of evidence |
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Definition
To determine whether evidence is relevant, ask yourself two questions:
(1) what is the issue to be decided?
(2) Is the testimony (or other evidence) related to the issue. |
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Term
| Privliege and admissibility |
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Definition
| CERTAIN STATEMENTS ARE NOT ALLOWED TO BE ADMITTED DUE TO A PRIVILEGE |
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Term
What section of the FRE discusses privilege?
Who does the FRE allow to determine privilege? |
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Definition
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FRE 502 (see 501 which delegates to states ability to make privileges)
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Term
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Some Common Types/Examples of Privilege
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Definition
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1) attorney client,
2) husband wife,
3) physician patient,
4) work product
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Term
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What is an evidence log?
Would an Evidence Log be privileged?Ex – attorney client, husband wife, physician patient, work product
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Definition
is a doc attached to an item of physical or otherwise to track its location
Yes, an evidence log is privileged.
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