Evidence Chapters 1-2

anything that tends to prove or disprove a fact at issue in a legal action

"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

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

a body of community members responsible for determining whether probable cause exists to bind an accused over for criminal prosection

defines the law, providing elements and sanctions

rules that set forth legal process and tell us how to enforce the law

the party bringing a civil legal action

the party defending against a civil or criminal action

a government attorney who represents society in prosecuting a criminal action

a trial held when the defendant isn't present

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

translates to "at first sight" and means that, at first sight, all of the elements for a particular legal action have been established

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

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

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

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

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

an assumption of fact that the law requires to be made from another fact