Evidence Book and Class Notes
EVIDENCE Class 1 | Tuesday5/21 | Chapter 1: Why Take This Course? 1-5Chapter 2: Types of Courtroom Evidence 6-19Problem Set 2Chapter 3: Four W’s of the Federal Rules of Evidence 20-31Chapter 4: Structure of a Trial 32-39 |
Chapter 2 Notes: TYPES OF COURTROOM EVIDENCE
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
Chapter 2 Notes: TYPES OF COURTROOM EVIDENCE
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