This is chapter 16 of the course LA 201. This chapter covers the Rules of Evidence. These notes are very thorough, organized, and color-coded. They include notes taken from the book (black) and notes from in class (red). I made an A in this class and made 100's or above on all tests, including the ...
Rules of Evidence
-Each state and the federal system have unique (but very similar) Rules of Evidence that govern what kinds of exhibits, testimony, or
other evidence is admissible at trial.
-The Rules of Evidence encourage fairness, help avoid judicial delay, and assist in ascertaining the truth.
-Federal Rules of Evidence- the rules of evidence used in the federal courts
Types of Evidence:
Testimony- evidence delivered under oath, either orally or through affirmation, by a competent witness
● Lay Witness- a person who gives testimony about a subject of which the witness has personal knowledge
● Expert Witness- a person who, because of special qualifications, testifies about conclusions that may be drawn based on his o
her experience
-their specialized knowledge will assist the jury
-testimony is based on sufficient facts or data
-testimony is the product of reliable principles
-expert has reliably applied those principles
● Foundation- a requirement for the admission of evidence at trial. Preliminary questions are asked to connect the legal issue w
the evidence sought to be admitted
● Rule 703- a witness may testify to a matter only if evidence is introduced sufficient to support a finding that a witness has
personal knowledge of the matter- does not apply to expert witnesses
Exhibits- a physical (tangible) piece of evidence that is offered to the court for consideration
● Actual Evidence- also called real evidence; tangible evidence that may be admitted during a hearing on a motion or at trial
● Tangible- possessing physical form; tangible items can be seen and touched
● Documentary Evidence- a type of actual evidence including writings such as reports, business records, and correspondence
● Demonstrative Evidence- a type of actual evidence or exhibits created for use in court; includes diagrams, charts, and photos
Stipulations- an agreement; when opposing counsel agree on an issue
● If a stipulation has been entered, the jury may be instructed "Counsel have stipulated that _____ shall be deemed to have bee
called and testified to certain matters. You must consider that stipulated testimony as if it had been given here in court."
Judicial Notice- an action taken by the court; the recognition by the court of the existence and truth of specific facts that are universal
accepted or are public records
● When a party believes that certain information is common knowledge, they may ask the court to take judicial notice of the sam
Direct Evidence- evidence that proves a point; ex: testimony of an eye witness
● Admissions and confessions
Circumstantial Evidence- indirect evidence that provides the jury with information from which inferences may be drawn
● Inference- a logical conclusion of a fact that is not supported by direct evidence
● Most common type
Relevancy- the standard by which testimony or physical evidence is evaluated
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller emmagheathcott. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $5.49. You're not tied to anything after your purchase.
