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Chapter 16
Rules of Evidence
20
Law
12th Grade
10/05/2010

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Term
Federal Rules of Evidence
Definition
The rules of evidence used in the federal courts.
Term
witness
Definition
A person who testifies about something he or she observed.
Term
lay witness
Definition
A person who gives testimony about a subject of which the witness has personal knowledge.
Term
expert witness
Definition
A person who, because of special qualifications, testifies about conclusions that may be drawn based on his or her expertise.
Term
foundation
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
exhibit
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
actual evidence
Definition
Also called real evidence; tangible evidence that may be admitted during a hearing on a motion or at trial.
Term
tangible
Definition
Possessing physical form; can be seen and touched.
Term
documentary evidence
Definition
A type of actual evidence including writings such as reports, business records, and correspondence.
Term
demonstrative evidence
Definition
A type of actual evidence or exhibits created for use in court; includes diagrams, charts, and photgraphs.
Term
stipulation
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
judicial review
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
direct evidence
Definition
Evidence that proves a point; for example, the tesimony of an eyewitness.
Term
circumstantial evidence
Definition
Indirect evidence that provides the jury with information from which inferences may be drawn.
Term
inference
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
relevancy
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
impeachment
Definition
A tool used to attack the credibility of a witness.
Term
credibility
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
hearsay
Definition
An out-of-court statement offered in evidence to prove the truth of the matter asserted.
Term
testimony
Definition
Evidence delivered under oath, either oral or through affirmation (by affidavit), by a competent witness.
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