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EVIDENCE, : - Coggle Diagram

- - - - oral testimony
        
        Character Witness: Not facts instead they offer information about the character of the party of witness
        
        FACT witness: perceived facts related to the crime. Often called eye witnesses
        
        Expert witnesses: have specialized knowledge are are essentially interpreting for the jury
      - Real Evidence: any physical evidence that a party claims played a direct role in the controversy must be authenticated
        
        Documents: Usually writing or recording like contract, bills of sale, real estate leases and wills that directly determine the parties legal rights in a lawsuit. ex. Could be a scrap of paper that an eye witness used to scrawl the license plate number on.
        
        Photographs, Videos & Recordings: Courts vary in whether they character this evidence as "real" or "demonstrative" Media that depict the facts of the case as they unfolded should be treated as real evidence.
      - Demonstrative Evidence: charts, tables, pictures, maps and graphs. Power-Point slides and computer simulations. Could be a plastic bag with powdered sugar to demonstrate what the bag of drugs looked like. differs from REAL evidence because the parties CREATE it
        
        Photographs, Videos & Recordings: Courts vary in whether they character this evidence as "real" or "demonstrative" Media that are created after the disputed event should be classified as demonstrative evidence.
      - Stipulations: Both parties agree that a fact(s) is/are true for the purposes of the litigation
      - Judicial Notice: RULE 201indisputably true facts such as the fact that Boston is in the state of MA. Must be "generally know" or "accurately and readily determined" by an unimpeachable source
    - - Direct evidence is the testimony of a person who asserts or claims to have actual knowledges of a fact such as an eyewitness
      - Circumstantial Evidence: proof of a chain of facts and circumstances indicating the existence of a fact
- - - - What Court is This?
        
        U.S. Court of Appeals
        U.S. District Court
        •including territories
        •including Magistrate hearings
        •including Bankruptcy cases
        U.S. Court of Federal Claims
        
        What Type of Hearing?
        
        Summary Contempt
        Preliminary Determination
        Grand Jury
        Warrant Request
        Extradition
        Bail
        Sentencing
        Probation
        Similar "miscellaneous Proceedings"
        
        Privilege rules apply, but not others; judges may look to FRE for guidance :silhouettes:
        
        Other States of Civil, Criminal, Admiralty, Maritime, Bankruptcy, or Contempt Proceedings
        
        FRE APPLY IN FULL! :check:
        
        US Supreme Court
        Federal Administrative Agency
        State Court
        
        :forbidden: Federal Rules to not apply by their own terms, but some have adopted the Rules or look to them for guidance.
- - - - 1) any tendency to make a fact more or less probable
        -very low bar
        2) fact of consequence = relatable to cases legal issues (crime, claim or defense)
        
        limits admissibility
        
        relevance relates to the cause of action -> judge determines a cases by case basis