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evidence that proves a disputed fact directly, ex: through an eyewitness
direct evidence
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proves a disputed fact indirectly by first proving another fact. from this other fact an inference may be drawn as to the original disputed fact
circumstantial evidence
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a deduction of fact that may logically be drawn from another fact
inference
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oral or "spoken" evidence presented by witnesses who come into court to give their testimony under oath
testimonial evidence
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something that can be tangibly perceived, objects or materials that can be seen, touched, or felt
physical evidence
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a writing or record, including letters, typewriting, wills, contracts, deeds, notes, printings, pictures, sketches, or recordings
documentary evidence
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evidence that "demonstrates," illustrates, or recreates evidence that has already been presented
demonstrative evidence
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evidence that tends to clear a party of blame or guilt
exculpatory evidence
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a motion to dismiss a case because evidence favorable to the accused has been suppressed by the state, either willfully or inadvertently, resulting in prejudice to the defendant
brady motion
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when a judge recognizes and accepts a certain fact that is commonly known in the community or capable of accurate and ready determination
judicial notice
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an agreement between parties to a legal action, where one party admits to or agrees not to contest the offering of a certain fact, relieving the other party from the burden of proving it
stipulation
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the basis for a lawsuit
cause of action
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a formal request for a trial judge to order the production of documents or other evidence
motion to compel
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a legal rule, established by case law, that prohibits the admissions of illegally obtained evidence in a criminal action
exclusionary rule
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an item offered in evidence that is properly marked for later identificaton
- exhibit
- to challenge evidence or testimony introduced at trial
- object(ion)
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presenting evidence that sets the groundwork for other evidence, and authenticating and identifying the evidence
laying a foundation
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part of laying a foundation, where a witness testifies that evidence is what it appears to be
authentication
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means for verifying the authenticity and integrity of evidence by establishing where the evidence has been and who handled it prior to trial
chain of custody
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ensuring that a properly maintained record of case documents and a thorough transcript of the trial proceedings is kept
make the record
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formal record, taken by a court reporter, of what is said and done at trial, including any "on-the-record" conversations or offers of proof
transcript
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