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Evidence #1

by Crushendo
Horizontales
An out-of-court assertion offered to prove the truth of the matter asserted.
Confidential material prepared for litigation, like case notes, plans, and strategies.
General community opinion of character traits.
Evidence with the purpose of showing someone acted in a specific way at a specific time based on that person’s general nature or disposition.
Formal oppositions to parts of a legal proceeding that affect a party’s substantial rights, like protesting the use of inadmissible evidence or inappropriate jury instructions.
Most often refers to the responses of defendants to criminal charges, like pleading guilty, not guilty, or no contest (nolo contendere).
Evidence created using the scientific method under controlled conditions.
The who, what, when, where, why, how facts of a specific case to which the law is applied.
The process of searching out relevant evidence using tools like depositions, interrogatories, plus requests to admit, produce documents, or for physical or mental examination.
Conveys the rights to compel and confront witnesses, have a fair and speedy criminal trial, and have a defense attorney.
Being found guilty of, or pleading guilty to, a crime.
Parties in civil legal cases, like plaintiffs and defendants.
The explanation an attorney gives the judge to justify using evidence that the opposing party has objected to.
Verticales
Though testimonial hearsay is normally constitutionally forbidden under the Sixth Amendment Confrontation Clause unless the witness is unavailable and there was prior opportunity and motive for cross-examination, testimonial hearsay can be admitted in criminal cases if someone with personal knowledge that the declarant’s assertions are true takes the stand.
Accurate records made or adopted about an experience while memory was fresh are not inadmissible hearsay if the declarant can no longer remember the experience clearly.
Sufficient to support a fact or presumption until rebutted.
A faith-based perspective. Can be used to show bias or interest but not honesty or dishonesty.
When a party voluntarily surrenders a right or opportunity in a legally binding way.
Witness, judge, arbitrator, mediator, or juror conscious or subconscious favor to, or prejudice against, a party that threatens impartiality.
Possessing probative value of a material fact.