Evidence Outline-Ash Ilkhani

Evidence Outline-Ash Ilkhani - Evidence by Ash Ilkhani...

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Evidence by Ash Ilkhani Professor Alexander Spring 2003
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Relevance Evidence Generally The most basic rule of evidence law is that whether the case is tried by a judge or jury, the trier of fact must decide the case based solely on what is presented in court. Evidence is the means by which facts are proven or disproved. The role of the judge is to determine whether the evidence is admissible. The admissibility of a given piece of evidence is a question of law. Once the judge has decided to admit the evidence, the jury’s role is to determine what weight the evidence should be given. The believability of that piece of evidence is one type of factual question. Evidence comes in two forms: Testimonial Evidence (Oral Evidence) Testimonial evidence arises when W makes assertions in court. The fact-finder must rely on W’s interpretation of W’s sensory data, W’s memory, etc. Real Evidence : Physical / Tangible Real evidence is a thing involved in the underlying event (e.g., a weapon, document, or other tangible item). Demonstrative evidence is a tangible item that illustrates some material proposition (e.g., a map, chart, summary). The fact-finder may interpret either real or demonstrative evidence by use of its own senses, without intervening sensing and interpreting by a witness. The relationship between these two forms of evidence and proof may be either direct or circumstantial: Direct evidence: Direct evidence is evidence which, if believed, automatically resolves the issue. ( Example: W says, "I saw D strangle V." This is direct evidence on whether D strangled V.) Circumstantial: Circumstantial evidence is evidence which, even if believed, does not resolve the issue unless additional reasoning is used. Example: W says, "I saw D running from the place where V’s body was found, and I found a stocking in D’s pocket." This is only circumstantial evidence of whether D strangled V. The probative value of direct evidence is not necessarily higher than circumstantial evidence, but it will sometimes be more readily admitted by the judge. Trial The purpose of trial is to decide facts at issue through evidence. The order in which a trial is conducted is as follows: 1. Jury Selection 2. Opening Statements Party with the burden of proof goes first. Opening statements are a roadmap of what the lawyers intend to prove; it is not evidence. 3. Presentation of Evidence: Π ’s Case Party with the burden of proof goes first. Π calls forth witnesses and introduces documents – all with the view to prove the point that they’re seeking to prove. When finished, the Π rests, and Δ moves for judgment. Δ argues that there is no prima facie case and therefore not enough here to get to a jury. Δ seeks directed verdict.
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Evidence Outline-Ash Ilkhani - Evidence by Ash Ilkhani...

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