Evidence Book and Class Notes

Topics: Jury, Evidence law, Appeal Pages: 95 (30571 words) Published: June 23, 2013
Class 1| Tuesday5/21| Chapter 1: Why Take This Course?1-5Chapter 2: Types of Courtroom Evidence6-19Problem Set 2Chapter 3: Four W’s of the Federal Rules of Evidence20-31Chapter 4: Structure of a Trial32-39|

Evidence Defined.
Testimony, writings, material objects or other things presented to the senses that are offered to prove the existence or non existence of a fact presented during the trial. California Evidence Code §140 (West 1995).

It is presented to the triar of fact.
Exception (NOT EVIDENCE) –
* Questions & statements made by the attorneys and judges. * Exhibits that are identified, and not offered or received into evidence * Objections are not evidence
* Anything you see or hear outside of the courtroom
Parties – individuals or organizations who oppose each other. Victim – the entity to whom the crime was committed against another Six Categories:
I. Oral Testimony – given by witnesses speaking from the witness stand A. Three types of Oral Testimony
i. Fact Witness (a.k.a. Eyewitnesses) – Testify about the facts related to lawsuit * must have first-hand knowledge
ii. Expert Witness – has specialized knowledge to interpret evidence and explain to jury * No first-hand knowledge of the lawsuit is needed * No first-hand knowledge of the party or witness iii. Character Witnesses

* No first-hand knowledge of the lawsuit is needed * Can give information about the good or bad character of a witness or party * Must have first-hand knowledge of a party or witness * Best Example: A Bloody Knife presented in a stabbing case II. Real Evidence – any physical evidence that a party claims played a direct role I controversy that is authenticated and makes the story more concrete or believable.

III. Documentary Evidence – any type of writing or recording of information prepared by parties, eyewitnesses and some by experts.

IV. Demonstrative Evidence – sometimes physical but, unlike real evidence, is not an object that played a role in the disputed events. B. Parties illustrate concepts or facts to the jury using common types of demonstrative evidence - charts, tables, pictures, maps and graphs C. Is a re-creation or imitation of some aspect of the controversy, which could open it to abuse iv. PROBLEMS W/DEMONSTRATIVE EVIDENCE

* The evidence true nature may be misrepresented of what happened in the presentation of the re-created evidence or interaction reenacted. a. Too dramatic and distracts the jury from the facts v. Look-up case United States v. Wilson, 70 F. App’x 120, 123 (4th Cir. 2003) The defense lawyer wanted use demonstrative evidence to show that what would happen if the prisoner was call that no live person would answer – it was not allowed by judge, who cited that it is irrelevant b/c there was no evidence that the related prisoner ever attempted to make the call.

V. Stipulations – when both parties agree on a fact, they can stipulate that the fact is true for purposes of the litigation D. The parties must agree to its exact language
E. The judge will introduce the evidence to the jury, by reading the stipulation in court F. Problems: irrelevance to controversy

VI. Judicial Notice – A fact is “generally known” or “accurately and readily determined” by consulting an unimpeachable source – See Rule 201. G. It is a fact is indisputably true
vi. Example – Boston is in the state of Massachusetts

Photographs and Videos – it can be taken with cell phones, video cameras and cameras. H. It is either real or demonstrative evidence.
vii. Real Evidence – when a photo or video depicts the events of a controversy directly * Example: Footage from a bank security...
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