Evidence Chapters 1-2

  1. anything that tends to prove or disprove a fact at issue in a legal action
  2. "let the decision stand." a legal doctrine holding that a court should apply a principle which has already been decided to all later cases with similar facts
    stare decisis
  3. parties to a legal dispute face off against each other and contest all issues before a court of law, under the legal maximum that..out of controlled battle would the truth emerge
    adversary system
  4. a body of community members responsible for determining whether probable cause exists to bind an accused over for criminal prosection
    grand jury
  5. defines the law, providing elements and sanctions
    substantive law
  6. rules that set forth legal process and tell us how to enforce the law
    procedural law
  7. the party bringing a civil legal action
  8. the party defending against a civil or criminal action
  9. a government attorney who represents society in prosecuting a criminal action
  10. a trial held when the defendant isn't present
    in absentia
  11. the duty to meet a certain standard or establish the requisite degree of belief in the mind of the trier of fact regarding the evidence submitted
    burden of proof
  12. translates to "at first sight" and means that, at first sight, all of the elements for a particular legal action have been established
    prima facie
  13. a request to the trial judge by a party to a legal action, asking the judge to direct a verdict for that party because the opposing party failed to meet his or her burden of production
    motion for directed verdict
  14. burden of proof in a civil action. the plaintiff must produce sufficient evidence to persuade the trier of fact that what the plaintiff claims is more likely true than not
    preponderance of evidence
  15. burden of proof in certain types of civil actions requires trier of fact to reasonably believe that there is a high probability that a fact is true
    clear and convincing evidence
  16. burden of proof in a criminal action. requires the trier of fact to believe something to be "almost certainly true" and leaving no reasonable doubt
    beyond a reasonable doubt
  17. standard of proof required for search warrants and arrests in criminal actions, it requires that evidence be considered "more probable than not" in proving what is alleged
    probable cause
  18. an assumption of fact that the law requires to be made from another fact
Card Set
Evidence Chapters 1-2
terms for evidence final