1.3 What is Evidence

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/

Evidence is information that can be used to support an argument, claim, or fact. This information may come in various forms, such as physical objects, documents, records, videos, photographs, audio recordings, and witness testimonies. Evidence plays an important role in the legal system, as it provides proof of the facts in a case. There are several types of evidence, including direct and circumstantial evidence, physical evidence, documentary evidence, real evidence, demonstrative evidence, and testimonial evidence. Direct evidence is information that directly proves a fact, such as a witness’s statement. Circumstantial evidence is information that suggests a certain fact, but does not directly prove it. Physical evidence is evidence that can be seen or touched, such as a weapon or piece of clothing. Documentary evidence is evidence in the form of documents, such as contracts, emails, or bank statements. Real evidence is physical evidence that has been collected from a crime scene. Demonstrative evidence is evidence that is used to demonstrate a fact, such as charts or diagrams. Testimonial evidence is evidence that is provided by a witness in court.

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FAQ

What is evidence? Evidence means testimony, writings, materials objects or other things presented to the senses that are offered to prove the existence or nonexistence of a fact.

Hearsay evidence generally is inadmissible unless it falls within an exception or exclusion set out in the Federal Rules, a federal statute, or a Supreme Court rule.

Primary tabs. The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

The two exemptions from the hearsay rule are (1) testimony given by a party during his deposition; and (2) evidence introduced to prove a party admission.

There are two types of evidence; namely, direct evidence and circumstantial evidence.

A defendant's statement is direct evidence only if it constitutes a relevant admission of guilt. . . . ?By contrast, where the defendant makes an admission that merely includes inculpatory acts from which a jury may or may not infer guilt, the statement is circumstantial and not direct evidence. . . .

The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment.

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Category of Comparison Madison Brutus. Complete the Modeling Tool activity: Attracting and Repelling Magnets on the next page.Goal: Create two models. You must decide which argument is stronger and support your claim with evidence fromthe text itself. 1 Identifying research evidence for systematic reviews. This video goes through Unit 3 topic 1. 3 on 'Explain how evidence is processed. Question: (This provides evidence for PC 1. Question: Chapter 1: Significance: How Strong is the Evidence Section 1. Evaluate a speaker's point of view, reasoning, and use of evidence and rhetoric, identifying any fallacious reasoning or exaggerated or distorted evidence.

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1.3 What is Evidence