whats it called when a lawyer requires evidence

The "personal knowledge rule" of the Federal Rules of Evidence requires witnesses to testify only on information they received or witnessed firsthand. The "mercy rule" allows defendants to actually testify and have others testify to their own personal good character

Full Answer

What is evidence in law?

In legal terms, evidence covers the burden of proof, admissibility, relevance, weight and sufficiency of what should be admitted into the record of a legal proceeding. Evidence -- crucial in both civil and criminal proceedings -- may include blood or hair samples, video surveillance recordings, or witness testimony.

Can prosecutors examine evidence in the hands of defendants?

Just as defendants can discover information from prosecutors, so too can prosecutors examine certain evidence in the hands of defendants. Pretrial disclosure of information through discovery can foster settlement and enhance the fairness of trials. Can prosecutors spring evidence on defendants like they do on TV?

What are the rules for giving evidence in court?

Often, a Government or Parliamentary Act will govern the rules affecting the giving of evidence by witnesses in court. An example is the Evidence Act (NSW) 1995 which sets out the procedures for witnesses to follow in New South Wales, Australia. Hearsay is one of the largest and most complex areas of the law of evidence in common-law jurisdictions.

Who can be a witness to evidence?

In systems of proof based on the English common law tradition, almost all evidence must be sponsored by a witness, who has sworn or solemnly affirmed to tell the truth.

What is it called when a lawyer requests information?

Once a lawsuit gets underway, parties to the lawsuit or their lawyers start gathering information related to the lawsuit. This investigative process is aptly named "discovery," because it often turns up facts and documents that were previously unknown -- to at least one party to the lawsuit anyway.

What is the legal term for supporting evidence?

(“Adducing evidence” is the legal term for presenting or producing evidence in court for the purpose of establishing proof.)

What term means evidence given in court?

testify - Answer questions in court. testimony - Evidence presented orally by witnesses during trials or before grand juries.

What does hearsay mean in law?

an out-of-court statementDefinition. Hearsay is an out-of-court statement offered to prove the truth of whatever it asserts.

What is direct evidence in law?

Evidence that directly links a person to a crime, without the need of any inference (for example, they were seen committing the crime). Compare to circumstantial evidence.

What is meant by legal evidence?

evidence, in law, any of the material items or assertions of fact that may be submitted to a competent tribunal as a means of ascertaining the truth of any alleged matter of fact under investigation before it.

What are the types of evidence in law?

The probative value of evidence. Relevant evidence. Direct evidence. Circumstantial evidence.

How is the evidence used in the courts of law?

When you go to court, you will give information (called “evidence”) to a judge who will decide your case. This evidence may include information you or someone else tells to the judge (“testimony”) as well as items like email and text messages, documents, photos, and objects (“exhibits”).

What are the 4 types of evidence?

There are four types evidence by which facts can be proven or disproven at trial which include:Real evidence;Demonstrative evidence;Documentary evidence; and.Testimonial evidence.

Why is circumstantial evidence important?

In practice, circumstantial evidence can have an advantage over direct evidence in that it can come from multiple sources that check and reinforce each other. Eyewitness testimony can be inaccurate at times, and many persons have been convicted on the basis of perjured or otherwise mistaken testimony.

What is testimonial evidence?

Testimonial evidence is a statement made under oath. An example would be a witness pointing to someone in the courtroom and saying, “That's the guy I saw robbing the grocery store.” This is also called direct evidence or prima facie evidence.

What does objection sustained mean?

Once an attorney makes an objection, the judge then makes a ruling. If a judge sustains the objection, it means that the judge agrees with the objection and disallows the question, testimony or evidence.

Using Evidence in Court

Every case requires evidence to prove facts and dispute assertions made by the opposing counsel. The aforementioned four types of evidence (real evidence, demonstrative evidence, documentary evidence, and testimonial evidence) generally fall under two larger categories: direct or circumstantial.

Direct Evidence

Direct evidence is any evidence that “speaks for itself” such as a confession, a weapon, or an eyewitness account (American Bar Association). Direct Evidence “is evidence that directly links a defendant to the crime for which they’re on trial without any need for inference” ( Rasmussen University ).

Circumstantial Evidence

Circumstantial evidence is any evidence that implies or infers information such as the crime scene appearance, physical evidence that suggests criminal activity, or testimony that suggests links with other crimes ( The American Bar Association ).

Admissibility of Evidence

Both direct and circumstantial evidence play a large role in criminal cases. However, not all evidence carries the same amount of influence in a courtroom. This depends greatly on the type of evidence, whether or not it is circumstantial or direct, and its relevance to the case.

Real Evidence

One of the most common and effective uses of evidence is real evidence. Real evidence classifies material evidence that is relevant to the case. Real evidence is also known as physical evidence.

Demonstrative Evidence

In contrast, Demonstrative evidence is additional evidence used to explain or demonstrate the relevance of other evidence such as testimonial evidence.

Documentary Evidence

Documentary evidence is the presentation of documents at trial. Similar in concept to real or physical evidence, documentary evidence is direct evidence that moves to prove or disprove facts presented at trial.

What is evidence in a case?

In legal terms, evidence covers the burden of proof, admissibility, relevance, weight and sufficiency of what should be admitted into the record of a legal proceeding. Evidence -- crucial in both civil and criminal proceedings -- may include blood or hair samples, video surveillance recordings, or witness testimony.

What is the job of an attorney in a civil trial?

One of your attorney's most vital tasks is to find evidence that best supports your case.

What is circumstantial evidence?

Circumstantial Evidence: Evidence that tends to prove a factual matter by proving other events or circumstances from which the occurrence of the matter can be reasonably inferred. Corroborating Evidence: Evidence that is independent of and different from but that supplements and strengthens evidence already presented as proof ...

What is the exclusionary rule?

Exclusionary Rule: A rule of evidence that excludes or suppresses evidence obtained in violation of a defendant's constitutional rights.

What is the difference between a civil and a criminal case?

The main difference between the use of evidence in criminal and civil cases is the burden of proof . For a guilty verdict in a criminal trial, the prosecution must prove guilt "beyond a reasonable doubt.". But for a civil defendant to be found liable, the plaintiff generally need only prove culpability "by a preponderance of the evidence" ...

Can evidence be used in a trial?

If evidence is procured illegally, such as during an unlawful police search, then that evidence ( and any other evidence it leads to) may not be used at trial. Evidence that is deemed irrelevant or prejudicial to a case also may be deemed inadmissible.

Can a civil defendant be found liable?

But for a civil defendant to be found liable, the plaintiff generally need only prove culpability "by a preponderance of the evidence" (a lower threshold). Criminal Law. Personal Injury -- Plaintiff. If you have additional questions about the rules of evidence and its role in a legal proceeding, consider speaking with a criminal defense ...

What is Biological Evidence?

Biological is any evidence that originates from inside a living being or is alive itself. The most common examples are blood and DNA, but urine, semen, and even certain bacteria can all be forms of biological evidence.

What is Forensic Evidence?

Forensic evidence is any type of physical, biological, or electronic evidence that is scientifically proven to be accurate through a methodical testing or retrieval process that has been tested and found to be reliable and true.

What is Digital Evidence?

Digital evidence is any evidence that is stored electronically in binary form. Binary form is a way to store, transmit and display information between computer systems. It is essentially a grouping of 1’s and 0’s that give specific commands to computers.

What are the rules of evidence?

Evidence rules not only ensure the smooth running of a criminal trial, but also, protect a defendant's right to a fair trial. Typically, rules of evidence are set forth on a state-by-state basis, however, since the Federal Rules of Evidence were established, nearly forty states abide by these regulations. Additionally, judges are not required ...

What is scientific evidence?

Scientific evidence, or forensic evidence, is information derived through the "scientific method". Commonly, scientific evidence, such as DNA, fingerprints, ballistics, and other items, is regularly entered during a criminal trial by both sides. Contrary to some beliefs, polygraph evidence is not typically deemed reliable enough to be admitted to a criminal trial, nor are most statements made under hypnosis or other forms of altered consciousness. The ability to admit scientific evidence, however, is at the discretion of the presiding judge, who must consider the validity of the evidence, the credibility of the science behind it, and how influential each piece of evidence may prove during a given case. Typically, turning to the "chain of custody" rules may immediately put into question the validity of an admitted piece of evidence. Additionally, this piece of evidence may have undergone scientific testing that returned a given result, which can be ruled inadmissible if the "chain of evidence" was not properly followed. Additionally, disputes over admitting evidence are typically heard during a "minitrial", which allows the jury to leave, while a decision to admit or suppress a given piece of evidence is established. This "minitrial" event prevents jurors from being influenced by evidence, which may be inadmissible.

Why is testimony important in a trial?

The premier reason testimony is presented during a trial is to influence the opinion of a judge or jury that is acting as the decider of the facts. Therefore, certain rules and methods for offering testimony in a trial are enforced to ensure a fair trial for defendants. Some of the more notable rules regulating testimony during a criminal trial, ...

What is a "minitrial" case?

Additionally, disputes over admitting evidence are typically heard during a "minitrial", which allows the jury to leave, while a decision to admit or suppress a given piece of evidence is established. This "minitrial" event prevents jurors from being influenced by evidence, which may be inadmissible.

Do journalists need to disclose their privileged information?

In essence, privileged communications do not need to be disclosed by the holder, nor can the other party release this information without the consent of the holder.

Can a defendant be disputed by the prosecution?

Defendants can protect their right to avoid informing jury members of their past criminal convictions, if they do not enter good character evidence, which if done, can be disputed by the prosecution using a defendant's past convictions.

Do judges have to strike or restrict violations of evidence?

Additionally, judges are not required to strike or restrict violations of evidence rules on their accord, but rather, it is the duty of the defense or prosecution to challenge actions potentially violating rules of evidence.

What is legal evidence?

(These conditions are discussed in section 2 below.) On this conception, legal evidence is that which counts as evidence in law. Something may ordinarily be treated as evidence ...

What is the Federal Rule of Evidence 404?

In the United States, Federal Rule of Evidence 404 (a) (1) bars the use of evidence of a person’s character “to prove that on a particular occasion the person acted in accordance with the character” and Federal Rule of Evidence 404 ( b) (1) provides that evidence of a crime or wrong.

What are the exclusionary rules?

On one historical account, admissibility or exclusionary rules are the product of the jury system where citizens untrained in assessing evidence sit as judges of fact. These rules came about because it was thought necessary to keep away from inexperienced jurors certain types of evidence that may mislead or be mishandled by them—for instance, evidence to which they are likely to give too much weight or that carries the risk of creating unfair prejudice in their minds (Thayer 1898; Wigmore 1935: 4–5). Epistemic paternalism is supposedly at play (Leiter 1997: 814–5; Allen and Leiter 2001: 1502). Subscription to this theory has generated pressure for the abolition of exclusionary rules with the decline of the jury system and the replacement of lay persons with professional judges as triers of fact. There is doubt as to the historical accuracy of this account; at any rate, it does not appear capable of explaining the growth of all exclusionary rules (Morgan 1936–37; Nance 1988: 278–294).

What is the fourth conception of evidence?

This section picks up on the fourth conception of evidence. To recall, something will be accepted by the court as evidence—it is, to use Montrose’s term, receivable as evidence in legal proceedings—only if three basic conditions are satisfied: relevance, materiality and admissibility (Montrose 1954).

What is the probability that the blood found at the scene of a crime is type A?

Suppose fifty percent of the suspect population has type A blood. If the accused is in fact guilty, the probability that the blood found at the scene will be type A is 1.0.

What is relevance in law?

The concept of relevance plays a pivotal role in legal fact-finding. Thayer (1898: 266, 530) articulates its significance in terms of two foundational principles of the law of evidence: first, without exception, nothing which is not relevant may be received as evidence by the court and secondly, subject to many exceptions and qualifications, whatever is relevant is receivable as evidence by the court. Thayer’s view has been influential and finds expression in sources of law, for example, in Rule 402 of the Federal Rules of Evidence in the United States. [ 6] Thayer claims, and it is now widely accepted, that relevance is a “logical” and not a legal concept; in section 2.1.3, we will examine this claim and the dissent expressed by Wigmore. Leaving aside the dissenting view for the moment, we will turn first to consider possible conceptions of relevance in the conventional sense of logical relevance.

Is the legal concept of evidence universal?

The Legal Concept of Evidence. The legal concept of evidence is neither static nor universal. Medieval understandings of evidence in the age of trial by ordeal would be quite alien to modern sensibilities (Ho 2003–2004) and there is no approach to evidence and proof that is shared by all legal systems of the world today.

How to determine if evidence is admissible?

There are two basic factors that are considered when determining whether evidence is admissible or not: 1 Relevant – The evidence must prove or disprove an important fact in the criminal case. If the evidence doesn’t relate to a particular fact, it is considered "irreelvant" and is therefore inadmissible. 2 Reliable – Reliability refers to the credibility of a source that is being used as evidence. This usually applies to witness testimony.

What are the factors that determine whether evidence is admissible or not?

There are two basic factors that are considered when determining whether evidence is admissible or not: Relevant – The evidence must prove or disprove an important fact in the criminal case. If the evidence doesn’t relate to a particular fact, it is considered "irreelvant" and is therefore inadmissible. Reliable – Reliability refers ...

Why is a witness statement considered irrelevant?

An example of this is where a witness statement is considered irrelevant because it doesn’t prove or disprove any facts in the case. In that case, the statement can’t be entered into the record as evidence and won’t be used against the defendant during trial.

What is admissible evidence?

Admissible evidence is any document, testimony, or tangible evidence used in a court of law. Evidence is typically introduced to a judge or a jury to prove a point or element in a case. Criminal Law: In criminal law, evidence is used to prove a defendant’s guilt beyond a reasonable doubt. Civil Law: in civil law, ...

How many exceptions does the hearsay rule have?

However, the hearsay rule has over forty different exceptions such as the dying declaration exception. Character – Evidence to prove that the defendant or the victim has a certain personality trait and that the defendant acted according in consistently with that personality trait is often excluded.

What is the most important aspect of a criminal trial?

Evidence is one of the most important aspects of a criminal trial. If you need help with evidence issues, it is in your best interest to hire a criminal defense lawyer. Your attorney can provide you with professional legal advice and can represent you in court.

Is evidence inadmissible?

In general though, evidence is more likely to be inadmissible if the evidence is: Unfairly Prejudicial – Evidence that arouses the jury’s outrage without adding any material information is often excluded. For example, the picture of children around a victim’s body is often ruled as being unfairly prejudicial.

What type of evidence can be used to exonerate a defendant?

9. Exculpatory Evidence. This type of evidence can exonerate a defendant in a – usually criminal – case.

Which type of evidence requires no inference?

The most powerful type of evidence, direct evidence requires no inference. The evidence alone is the proof. This could be the testimony of a witness who saw first-hand an incident of sexual harassment in the workplace.

What is the importance of evidence in an investigation?

Evidence comes in many forms, and even if it’s not admissible in court it can still be relevant to a case and provide valuable insight during an investigation. The ability to gather and analyze different types of evidence is one of the most important competencies for anyone who conducts investigations. There are many types of evidence that help the ...

What is analogous evidence?

Analogical evidence uses a comparison of things that are similar to draw an analogy. 2. Anecdotal Evidence. Anecdotal evidence isn’t used in court, but can sometimes help in a workplace investigation to get a better picture of an issue.

What is indirect evidence?

Also known as indirect evidence, this type of evidence is used to infer something based on a series of facts separate from the fact the argument is trying to prove. It requires a deduction of facts from other facts that can be proven and, while not considered to be strong evidence, it can be relevant in a workplace investigation, which has a different burden of proof than a criminal investigation.

What is a testimony used for?

This is a testimony or document that is used to help prove that someone acted in a particular way based on the person’s character. While this can’t be used to prove that a person’s behavior at a certain time was consistent with his or her character, it can be used in some workplace investigations to prove intent, motive, or opportunity.

What is demonstrative evidence?

Demonstrative Evidence. An object or document is considered to be demonstrative evidence when it directly demonstrates a fact. It’s a common and reliable kind of evidence. Examples of this kind of evidence are photographs, video and audio recordings, charts, etc.

What is the process through which defendants find out about the prosecution's case?

Discovery is the process through which defendants find out about the prosecution's case. For example, through standard discovery procedure, they can: get copies of the arresting officers' reports and statements made by prosecution witnesses, and. examine evidence that the prosecution proposes to introduce at trial.

Why do most criminal cases settle before trial?

If a guilty defendant finds out before trial that the prosecution has a particularly strong case, that defendant will be more likely to plead guilty and save the government the hassle of trying the case. Discovery is likely a significant reason why at least 90% of criminal cases settle before trial.

Why is discovery important?

Discovery is likely a significant reason why at least 90% of criminal cases settle before trial. Issues regarding settlement aside, discovery is intended to help defendants in the sense that prosecutors must hand over certain information that's helpful to the defense.

Do you have to turn over work product to a defendant?

The latter is called "work product.". Prosecutors don't have to turn over their work product to defendants —otherwise, it just wouldn't be fair.

Can a defendant call on the police?

Unlike prosecutors, defendants can't call on police agencies to help them investigate and respond to evidence they find out about for the first time at trial. Thus, every jurisdiction (each state and the federal government) has discovery rules requiring prosecutors to disclose evidence to defendants prior to trial.

Can Vy's lawyer see the videotape?

Vy's lawyer demands to see the videotape and all the prosecutor's trial memoranda. Discovery rules allow Vy's lawyer to see the videotape. But the prosecutor won't have to turn over the memorandum. The memo is the prosecutor's work product because it contains strategic analysis.

Can a prosecutor examine evidence?

Traditionally, the prosecutor wasn't entitled to information about a defendant's case. But in recent years, discovery has become more of a two-way street. Just as defendants can discover information from prosecutors, so too can prosecutors examine certain evidence in the hands of defendants.

What is circumstantial evidence?

circumstantial evidence - All evidence that is not direct evidence (such as eyewitness testimony). clerk of court - An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.

Who decides where to bring a lawsuit?

The plaintiff initially decides where to bring the suit, but in some cases, the defendant can seek to change the court. (2) The geographic area over which the court has authority to decide cases. A federal court in one state, for example, can usually only decide a case that arose from actions in that state.

How many people are on a federal criminal jury?

Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons. plaintiff - The person who files the complaint in a civil lawsuit. plea - In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges in open court.

What is bail in criminal law?

bail - Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.

What is the difference between acquittal and affidavit?

A. acquittal - Judgment that a criminal defendant has not been proven guilty beyond a reasonable doubt. affidavit - A written statement of facts confirmed by the oath of the party making it. Affidavits must be notarized or administered by an officer of the court with such authority.

What is the appellant in a lawsuit?

To make such a request is "to appeal" or "to take an appeal.". Both the plaintiff and the defendant can appeal, and the party doing so is called the appellant. Appeals can be made for a variety of reasons including improper procedure and asking the court to change its interpretation of the law.

What is the power of an appellate court?

appellate - About appeals; an appellate court has the power to review the judgment of another lower court or tribunal. arraignment - A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.

Using Evidence in Court

• Every case requires evidence to prove facts and dispute assertions made by the opposing counsel. The aforementioned four types of evidence (real evidence, demonstrative evidence, documentary evidence, and testimonial evidence) generally fall under two larger categories: direct or circumstantial.

See more on elawtalk.com

Direct Evidence

Circumstantial Evidence

Admissibility of Evidence

Real Evidence

Demonstrative Evidence

Documentary Evidence

Testimonial Evidence

Additional Types of Evidence

Final Thoughts – Types of Evidence in Law

Definition of Evidence

Terms to Know

Practice Area Notes

Related Practice Areas