1. Relevant Evidence
    Evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
  2. Balancing Test
    The requirement that relevant evidence be excluded if its "probative value" is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
  3. Material Evidence
    Evidence that pertains to a fact of consequence to the case on trial.
  4. Prima Facie Evidence
    Evidence that, standing alone, unexplained or uncontradicted, is sufficient to establish a given fact or group of facts consituting a party's claim or defense.
  5. Prima Facie Criminal Case
    A case in which the prosecution has established that a crime has been committed and that the accused probably committed it.
  6. Contradictory Evidence
    Evidence used to prove a fact contrary to what has been asserted by a party or a witness.
  7. Corroborative Evidence
    Evidence that is supportive of other evidence already given, tending to strengthen or confirm the prior evidence introducted.
  8. Cumulative Evidence
    Evidence that repeats earlier testimonial or tangible evidence.
  9. Judicial Notice
    The acceptance of a fact by a judge without formal proof, in teh form of testimony or tangible evidence, being presented. A substitute for evidence.
  10. Presumption
    A substitute for evidence whereby the fact-finder is allowed to conclude that a certain fact exists because some other fact is found to exist.
  11. Inference
    A conclusion drawn from an observation or series of observations.
  12. Conclusive Presumption
    A presumption that the law demands or direts be made from a set of facts and that cannot be refuted by evidence. Usually a misnomer for a substantive law rule.
  13. True Presumption
    A presumption that requires that, when the jury finds the basic fact to exist, ti must find the presumed fact to exist in teh absence of evidence to the contrary being introduced.
  14. Burden of Proof
    The law's requirement that a particular party introduce evidence in a lawsuit and persuade the fact-finder that the evidence is believable.
  15. Production Burden
    The element of the burden of proof that requires a party to produce evidence at trial on a particular issue.
  16. Persuasion Burden
    The element of the burden of proof that requires a party to persuade the trier of fact on the issue at trial.
  17. Rebuttable Presumption
    A presumption that allows for the opposing party's introduction of contradictory evidence to rebut the presumption's conclusion.
  18. Mandatory Presumption
    The form of presumption that requires the jury to find the presumed fact from the existence of the basic fact.
  19. Stipulation
    Facts upon which the trial parties and their attorneys agree that may be presented during the trial without formal proof being required.
Card Set
chapter 3 basic concepts