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Legal Ethics & Mngmt
Chapter 6 Rules of Evidence for the Investigator
| What do the rules of evidence do? Are they exclusive to civil or criminal trials? | Answer : They govern testimony & exhibits that may be heard and considered by the judge or jury in the course of a trial. They control both civil and criminal trials. |
| In a Criminal Prosecution: | The state or federal government, as plaintiff will have the burden of proving all elements of a crime alleged to have been committed by the defendant. |
| What are some examples of an Affirmative Defense in a Criminal Hearing? | 1. Insanity 2. Entrapment 3. Self Defense 4. Alibi. When an affirmative defense is utilized, the burden shifts to the defendant to prove necessary elements to establish those defenses. |
| What Is acronym ( FRE) stand for? | Federal Rules of Evidence State rules may differ from FRE ( keep that in mind) |
| Most objections made at trail are? | Evidentiary in nature. One party is trying to limit or keep out some evidence tendered by the other side. |
| In a civil case : | The admissibility of evidence at trial is directly related to whether a party to litigation can carry it's burden of proof that is initially on the plaintiff to prove all of the elements of the cause of action. |
| If the defendant counterclaims against the plaintiff, crossclaims against another defendant or files a third-party-claim against a new defendant then........ | the defendant as a counter plaintiff will have the burden of proof on all of those elements of those claims. |
| How does a criminal prosecution differ from preponderance of evidence in civil litigation? | The prosecution must prove elements of crime alleged beyond a reasonable doubt. If the criminal alleges affirmative defenses, then many of the states require the burden of proof to fall upon the defendant to prove elements of defense by preponderance. |
| Testimonial Evidence is | Evidence received from the sworn testimony of witnesses. |
| Documentary Evidence is | Evidence received from properly admitted documents or other data compilations ( such as electronically stored information). |
| Real or Physical Evidence is | Evidence in the form of property admitted objects ( weapons, in a murder case, the defective production of products in a civil liability case). |
| Demonstrative Evidence is | Evidence prepared for trail by litigants, usually in the form of pictures, videos, charts , graphs, diagrams, computer simulations etc; that portray, illustrate or demonstrate something relevant to the case. |
| First-Hand-Knowledge | Something known to a person because they perceived it through one of the sense. It is something you saw, heard smelled, tasted or felt. |
| Second-Hand-Knowledge | Something known to a person only because someone else told them about it or they read it somewhere. |
| Direct and Circumstantial Evidence | Evidence that if believed, establishes a relevant fact without the need for any inference ( beyond the inference necessary) in all proof that the source is articulate and truthful. |
| Circumstantial Evidence | Is indirect evidence that requires an inference ( in addition to the accurate and truthful inferences) to prove a relevant fact. |
Created by:
JLBriggs