The Logic of Evidence - Report EMS

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  • 7/28/2019 The Logic of Evidence - Report EMS

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    proof to

    support an

    assertion

    of fact

    made by

    one of the

    parties.

    Evidence

    can be in

    the form

    of witnesstestimony

    during the

    trial, such

    document

    ary

    evidence

    as medical

    records or

    corporate

    records, or

    such

    tangibleobjects as

    a weapon

    or bloody

    article of

    clothing.

    Not all

    evidence

    is

    admissibl

    e at trial.

    EVIDEN

    RELEVA

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    Relevancy is the logical connection that one thing has

    to another.

    Evidence is relevant if it sheds light on a contested

    matter or if reasonable inferences can be drawn fromthe evidence regarding a fact or issue

    It refers to the

    tendency of the

    evidence to establish

    the proposition that it is

    offered to prove.

    It has to do with how

    much WEIGHT one is

    willing to give the

    evidence offered

    Probative

    Evidence is material if it is

    offered to prove or disprove

    a specific fact in issue.

    Thus, evidence is material

    if it relates to one of the

    particular elements

    necessary for proving or

    disproving a case.

    Materiality has to do withthe relationship between

    evidence and the issues

    raised at trial.

    Read more:

    HYPERLINK "http://www.ehow.com/about_5417733_material-evidence.html" \l "ixzz2g79ENPVj"

    Materiali

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    The Logic of Evidence: The Problem of Relevance

    Q: Important points in regard to relevance

    1.) Relevance may determine whether or not evidence is to be admitted

    2.) Whether or not proffered evidence is relevant for the judge to determine,

    applying the principles of logic

    Q: When is evidence relevant?

    A: When it tends to increase or decrease the chance of any fact of consequence to

    the determination of action being true or false.

    Further notes:

    Material evidence can be either direct or circumstantial.

    Direct Evidence

    Direct evidence is evidence that if believed by a judge or jury establishes the

    proposition for which it is offered. Direct evidence comes from someone's personal

    observation or knowledge and can prove the issue at hand without any additional

    presumption or inference.

    Example: surveillance video of a person robbing a bank or a tape recorded

    confession by a suspect.

    Circumstantial Evidence

    Circumstantial evidence requires a judge or jury to make an inference to establish

    the proposition that evidence is offered is proof of an assertion of fact.

    Example: A witness testifying that he saw a person charged with murder standing

    over a body holding a bloody knife - this evidence would require a judge or jury to

    infer that the person holding the bloody knife committed the murder.