Evidence Law

Topic: Types of Evidence

 Direct Evidence:
o Definition: Evidence that directly proves a fact without inference.
o Example: Eyewitness testimony.
o Legal Relevance: High probative value, often decisive in cases.
 Circumstantial Evidence:
o Definition: Evidence that indirectly proves a fact through inference.
o Example: Fingerprints at a crime scene.
o Legal Relevance: Requires a chain of reasoning to establish fact.
 Documentary Evidence:
o Definition: Written or recorded evidence.
o Example: Contracts, emails.
o Legal Relevance: Must be authenticated and reliable.
 Real Evidence:
o Definition: Physical evidence.
o Example: Weapons, clothing.
o Legal Relevance: Must be presented in court in an unaltered state.
 Testimonial Evidence:
o Definition: Oral evidence provided by witnesses.
o Example: Witness statements.
o Legal Relevance: Subject to cross-examination and credibility assessment.

Topic: Admissibility of Evidence

 Relevance:
o Definition: Evidence must be directly related to the case.
o Legal Standard: Must make a fact more or less probable.
 Reliability:
o Definition: Evidence must be trustworthy and credible.
o Factors: Source, method of collection, consistency.
 Hearsay Rule:
o Definition: Hearsay is generally inadmissible unless an exception applies.
o Exceptions: Excited utterance, present sense impression, dying declaration.
 Privilege:
o Definition: Certain communications are protected from disclosure.
o Types: Attorney-client, doctor-patient, spousal.
 Exclusionary Rule:
o Definition: Illegally obtained evidence is inadmissible.
o Purpose: To deter unlawful conduct by law enforcement.

Evidence Law

Topic: Types of Evidence

 Direct Evidence:
o Definition: Evidence that directly proves a fact without inference.
o Example: Eyewitness testimony.
o Legal Relevance: High probative value, often decisive in cases.
  Circumstantial Evidence:
o Definition: Evidence that indirectly proves a fact through inference.
o Example: Fingerprints at a crime scene.
o Legal Relevance: Requires a chain of reasoning to establish fact.
 Documentary Evidence:
o Definition: Written or recorded evidence.
o Example: Contracts, emails.
o Legal Relevance: Must be authenticated and reliable.
 Real Evidence:
o Definition: Physical evidence.
o Example: Weapons, clothing.
o Legal Relevance: Must be presented in court in an unaltered state.
 Testimonial Evidence:
o Definition: Oral evidence provided by witnesses.
o Example: Witness statements.
o Legal Relevance: Subject to cross-examination and credibility assessment.

Topic: Admissibility of Evidence

 Relevance:
o Definition: Evidence must be directly related to the case.
o Legal Standard: Must make a fact more or less probable.
 Reliability:
o Definition: Evidence must be trustworthy and credible.
o Factors: Source, method of collection, consistency.
 Hearsay Rule:
o Definition: Hearsay is generally inadmissible unless an exception applies.
o Exceptions: Excited utterance, present sense impression, dying declaration.
 Privilege:
o Definition: Certain communications are protected from disclosure.
o Types: Attorney-client, doctor-patient, spousal.
 Exclusionary Rule:
o Definition: Illegally obtained evidence is inadmissible.
o Purpose: To deter unlawful conduct by law enforcement.

Evidence Law

Topic: Types of Evidence

 Direct Evidence:
o Definition: Evidence that directly proves a fact without inference.
o Example: Eyewitness testimony.
o Legal Relevance: High probative value, often decisive in cases.
 Circumstantial Evidence:
o Definition: Evidence that indirectly proves a fact through inference.
o Example: Fingerprints at a crime scene.
o Legal Relevance: Requires a chain of reasoning to establish fact.
 Documentary Evidence:
o Definition: Written or recorded evidence.
o Example: Contracts, emails.
o Legal Relevance: Must be authenticated and reliable.
  Real Evidence:
o Definition: Physical evidence.
o Example: Weapons, clothing.
o Legal Relevance: Must be presented in court in an unaltered state.
 Testimonial Evidence:
o Definition: Oral evidence provided by witnesses.
o Example: Witness statements.
o Legal Relevance: Subject to cross-examination and credibility assessment.

Topic: Admissibility of Evidence

 Relevance:
o Definition: Evidence must be directly related to the case.
o Legal Standard: Must make a fact more or less probable.
 Reliability:
o Definition: Evidence must be trustworthy and credible.
o Factors: Source, method of collection, consistency.
 Hearsay Rule:
o Definition: Hearsay is generally inadmissible unless an exception applies.
o Exceptions: Excited utterance, present sense impression, dying declaration.
 Privilege:
o Definition: Certain communications are protected from disclosure.
o Types: Attorney-client, doctor-patient, spousal.
 Exclusionary Rule:
o Definition: Illegally obtained evidence is inadmissible.
o Purpose: To deter unlawful conduct by law enforcement.

Evidence Law

Topic: Types of Evidence

 Direct Evidence:
o Definition: Evidence that directly proves a fact without inference.
o Example: Eyewitness testimony.
o Legal Relevance: High probative value, often decisive in cases.
 Circumstantial Evidence:
o Definition: Evidence that indirectly proves a fact through inference.
o Example: Fingerprints at a crime scene.
o Legal Relevance: Requires a chain of reasoning to establish fact.
 Documentary Evidence:
o Definition: Written or recorded evidence.
o Example: Contracts, emails.
o Legal Relevance: Must be authenticated and reliable.
 Real Evidence:
o Definition: Physical evidence.
o Example: Weapons, clothing.
o Legal Relevance: Must be presented in court in an unaltered state.
 Testimonial Evidence:
o Definition: Oral evidence provided by witnesses.
o Example: Witness statements.
o Legal Relevance: Subject to cross-examination and credibility assessment.
Topic: Admissibility of Evidence

 Relevance:
o Definition: Evidence must be directly related to the case.
o Legal Standard: Must make a fact more or less probable.
 Reliability:
o Definition: Evidence must be trustworthy and credible.
o Factors: Source, method of collection, consistency.
 Hearsay Rule:
o Definition: Hearsay is generally inadmissible unless an exception applies.
o Exceptions: Excited utterance, present sense impression, dying declaration.
 Privilege:
o Definition: Certain communications are protected from disclosure.
o Types: Attorney-client, doctor-patient, spousal.
 Exclusionary Rule:
o Definition: Illegally obtained evidence is inadmissible.
o Purpose: To deter unlawful conduct by law enforcement.

Evidence Law

Topic: Types of Evidence

 Direct Evidence:
o Definition: Evidence that directly proves a fact without inference.
o Example: Eyewitness testimony.
o Legal Relevance: High probative value, often decisive in cases.
 Circumstantial Evidence:
o Definition: Evidence that indirectly proves a fact through inference.
o Example: Fingerprints at a crime scene.
o Legal Relevance: Requires a chain of reasoning to establish fact.
 Documentary Evidence:
o Definition: Written or recorded evidence.
o Example: Contracts, emails.
o Legal Relevance: Must be authenticated and reliable.
 Real Evidence:
o Definition: Physical evidence.
o Example: Weapons, clothing.
o Legal Relevance: Must be presented in court in an unaltered state.
 Testimonial Evidence:
o Definition: Oral evidence provided by witnesses.
o Example: Witness statements.
o Legal Relevance: Subject to cross-examination and credibility assessment.

Topic: Admissibility of Evidence

 Relevance:
o Definition: Evidence must be directly related to the case.
o Legal Standard: Must make a fact more or less probable.
 Reliability:
o Definition: Evidence must be trustworthy and credible.
o Factors: Source, method of collection, consistency.
  Hearsay Rule:
o Definition: Hearsay is generally inadmissible unless an exception applies.
o Exceptions: Excited utterance, present sense impression, dying declaration.
 Privilege:
o Definition: Certain communications are protected from disclosure.
o Types: Attorney-client, doctor-patient, spousal.
 Exclusionary Rule:
o Definition: Illegally obtained evidence is inadmissible.
o Purpose: To deter unlawful conduct by law enforcement.

Evidence Law

Topic: Types of Evidence

 Direct Evidence:
o Definition: Evidence that directly proves a fact without inference.
o Example: Eyewitness testimony.
o Legal Relevance: High probative value, often decisive in cases.
 Circumstantial Evidence:
o Definition: Evidence that indirectly proves a fact through inference.
o Example: Fingerprints at a crime scene.
o Legal Relevance: Requires a chain of reasoning to establish fact.
 Documentary Evidence:
o Definition: Written or recorded evidence.
o Example: Contracts, emails.
o Legal Relevance: Must be authenticated and reliable.
 Real Evidence:
o Definition: Physical evidence.
o Example: Weapons, clothing.
o Legal Relevance: Must be presented in court in an unaltered state.
 Testimonial Evidence:
o Definition: Oral evidence provided by witnesses.
o Example: Witness statements.
o Legal Relevance: Subject to cross-examination and credibility assessment.

Topic: Admissibility of Evidence

 Relevance:
o Definition: Evidence must be directly related to the case.
o Legal Standard: Must make a fact more or less probable.
 Reliability:
o Definition: Evidence must be trustworthy and credible.
o Factors: Source, method of collection, consistency.
 Hearsay Rule:
o Definition: Hearsay is generally inadmissible unless an exception applies.
o Exceptions: Excited utterance, present sense impression, dying declaration.
 Privilege:
o Definition: Certain communications are protected from disclosure.
o Types: Attorney-client, doctor-patient, spousal.
 Exclusionary Rule:
o Definition: Illegally obtained evidence is inadmissible.
 o Purpose: To deter unlawful conduct by law enforcement.

Evidence Law

Topic: Types of Evidence

 Direct Evidence:
o Definition: Evidence that directly proves a fact without inference.
o Example: Eyewitness testimony.
o Legal Relevance: High probative value, often decisive in cases.
 Circumstantial Evidence:
o Definition: Evidence that indirectly proves a fact through inference.
o Example: Fingerprints at a crime scene.
o Legal Relevance: Requires a chain of reasoning to establish fact.
 Documentary Evidence:
o Definition: Written or recorded evidence.
o Example: Contracts, emails.
o Legal Relevance: Must be authenticated and reliable.
 Real Evidence:
o Definition: Physical evidence.
o Example: Weapons, clothing.
o Legal Relevance: Must be presented in court in an unaltered state.
 Testimonial Evidence:
o Definition: Oral evidence provided by witnesses.
o Example: Witness statements.
o Legal Relevance: Subject to cross-examination and credibility assessment.

Topic: Admissibility of Evidence

 Relevance:
o Definition: Evidence must be directly related to the case.
o Legal Standard: Must make a fact more or less probable.
 Reliability:
o Definition: Evidence must be trustworthy and credible.
o Factors: Source, method of collection, consistency.
 Hearsay Rule:
o Definition: Hearsay is generally inadmissible unless an exception applies.
o Exceptions: Excited utterance, present sense impression, dying declaration.
 Privilege:
o Definition: Certain communications are protected from disclosure.
o Types: Attorney-client, doctor-patient, spousal.
 Exclusionary Rule:
o Definition: Illegally obtained evidence is inadmissible.
o Purpose: To deter unlawful conduct by law enforcement.

Evidence Law

Topic: Types of Evidence

 Direct Evidence:
o Definition: Evidence that directly proves a fact without inference.
 o Example: Eyewitness testimony.
o Legal Relevance: High probative value, often decisive in cases.
 Circumstantial Evidence:
o Definition: Evidence that indirectly proves a fact through inference.
o Example: Fingerprints at a crime scene.
o Legal Relevance: Requires a chain of reasoning to establish fact.
 Documentary Evidence:
o Definition: Written or recorded evidence.
o Example: Contracts, emails.
o Legal Relevance: Must be authenticated and reliable.
 Real Evidence:
o Definition: Physical evidence.
o Example: Weapons, clothing.
o Legal Relevance: Must be presented in court in an unaltered state.
 Testimonial Evidence:
o Definition: Oral evidence provided by witnesses.
o Example: Witness statements.
o Legal Relevance: Subject to cross-examination and credibility assessment.

Topic: Admissibility of Evidence

 Relevance:
o Definition: Evidence must be directly related to the case.
o Legal Standard: Must make a fact more or less probable.
 Reliability:
o Definition: Evidence must be trustworthy and credible.
o Factors: Source, method of collection, consistency.
 Hearsay Rule:
o Definition: Hearsay is generally inadmissible unless an exception applies.
o Exceptions: Excited utterance, present sense impression, dying declaration.
 Privilege:
o Definition: Certain communications are protected from disclosure.
o Types: Attorney-client, doctor-patient, spousal.
 Exclusionary Rule:
o Definition: Illegally obtained evidence is inadmissible.
o Purpose: To deter unlawful conduct by law enforcement.