Trial: Evidence & Burden of Proof

Demonstrative Evidence

a type of actual evidence or exhibit created to be used in court; ex: charts

Documentary Evidence

a type of actual evidence that includes writings; ex: business records

Evidence

anything that can be used by a judge or jury in deciding the facts of a case; it may take many forms, such as a testimony by a witness, documents, videotapes, photographs, physical objects, etc

Testimony

evidence given under oath, either orally or by affidavit, by a competent witness

Offered

evidence presented by a party in a court case; in order to be admitted into evidence, it must fall under the proper rule of evidence, or it may be kept out of the proceeding; ex: must be relevant to the case at hand

Direct Evidence

evidence that, if believed, can directly prove a fact; ex: testimony of an eyewitness

Admitted

if not challenged as violating the rules of evidence by the opposing side, evidence "comes in" and is made a part of the case; admitted evidence can be considered by the judge or jury in rendering a decision

Circumstantial Evidence

indirect evidence that provides the judge or jury with information from which inferences may be drawn; ex: hear gunshots and moments later see a woman run by, carrying a smoking gun - infer that she fired the shots

Real Evidence

tangible evidence that may be admitted during a case; ex: a weapon used in a crime; also called actual evidence

Beyond a Reasonable Doubt

the burden of proof necessary in order to convict a person of a crime; does not need to convince the judge or jury 100%, but if they have any reasonable doubt about the defendant's guilt, they cannot vote to convict the defendant

Preponderance of the Evidence

the burden of proof necessary in order to win a civil case; requires that more than 50% of the weight of the evidence be in favor of the party who wins the case

Prosecutorial Discretion

the decision-making power of prosecutors in handling criminal cases; includes the decision to charge, dismiss charges, and/or plea-bargain

Reasonable Doubt

the doubt that a reasonable person might have about the truth of an allegation of fact, or set of facts, after hearing the evidence

Burden of Proof

the legal requirement to introduce enough evidence to prove an alleged fact or set of facts, based on the weight of the evidence (not the amount of evidence) to convince a jury or judge