What is substantive evidence?

What is Substantive Evidence? The evidence offered to support a fact in issue, as to the necessary elements of the case, as opposed to evidence that goes to procedural or collateral issues.
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Is substantive evidence a trial exhibit?

Demonstrative evidence is distinguishable from exhibits that comprise “real” or substantive evidence, such as the actual murder weapon or a written document containing allegedly defamatory statements. These categories sometimes overlap.
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What is conclusive evidence?

What is Conclusive Evidence? Evidence that cannot be contradicted by any other evidence. It is so strong as to overbear any other evidence to the contrary. The evidence is of such a nature that it compels a fact-finder to come to a certain conclusion.
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What is considered extrinsic evidence?

Extrinsic evidence, as used in the context of contract construction, is evidence relating to a contract but not appearing on the four corners of the contract because it comes from other sources involving the setting in which the parties negotiated the contract.
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What is intrinsic evidence?

What is Intrinsic Evidence? Information necessary for the determination of an issue in a lawsuit that is gleaned from the provisions of a document itself, as opposed to testimony from a witness or the terms of other writings that have not been admitted by the court for consideration by the trier of fact.
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What is exculpatory evidence?

Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.
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What is inconclusive evidence?

Definition of inconclusive

not conclusive; not resolving fully all doubts or questions: inconclusive evidence. without final results or outcome: inconclusive experiments.
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What is meant by presumptive evidence?

Presumptive evidence means evidence which consists of inferences drawn by human experience from the connection of cause and effect and from observations of human conduct.
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What is cumulative evidence?

What is Cumulative Evidence? Facts or information viewed as repetitive in that it proves what has already been established through similar evidence on the same issue.
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What are the three types of trial exhibits?

There are three main types of trial exhibits. They are often classified as real, illustrative, or demonstrative evidence.
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Can impeachment evidence be used as substantive evidence?

Judge: Are you offering this evidence as pure impeachment or to establish its truth? Lawyer: Yes. Knowing whether impeachment evidence may also be substantive is important. Substantive evidence “is offered to establish the truth of a matter to be determined by the trier of fact.” Chiasson v.
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What are the 5 types of demonstrative evidence?

Demonstrative evidence can take a variety of forms: models, graphs, diagrams, charts, drawing, photographs, videos, scientific tests, computer reconstruction or any other object that can explain or illustrate issues in the case.
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What does preponderance of evidence mean?

Preponderance of the evidence is one type of evidentiary standard used in a burden of proof analysis. Under the preponderance standard, the burden of proof is met when the party with the burden convinces the fact finder that there is a greater than 50% chance that the claim is true.
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What is the meaning of indirect evidence?

Definition of indirect evidence

: evidence that establishes immediately collateral facts from which the main fact may be inferred : circumstantial evidence.
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What is partial evidence?

a term that is used for the evidence that will establish a fairly unimportant fact of a case.
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What does prima facie mean?

Prima facie may be used as an adjective meaning "sufficient to establish a fact or raise a presumption unless disproved or rebutted." An example of this would be to use the term "prima facie evidence."
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Why is circumstantial evidence important?

In practice, circumstantial evidence can have an advantage over direct evidence in that it can come from multiple sources that check and reinforce each other. Eyewitness testimony can be inaccurate at times, and many persons have been convicted on the basis of perjured or otherwise mistaken testimony.
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What is direct evidence in forensic science?

Evidence that directly links a person to a crime, without the need of any inference (for example, they were seen committing the crime). Compare to circumstantial evidence.
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Can an investigation be inconclusive?

Inconclusive means that an investigation concluded that an allegation in a complaint is not substantiated or unfounded.
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What is forensic exclusion?

Many quarters of forensic science use reporting formats such as “identification,” “inconclusive,” and “exclusion.” These types of conclusions express opinions as to whether or not a particular person or object is the source of the material or traces of unknown source that is of interest in a given case.
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Does inconclusive mean positive?

An inconclusive result is neither positive nor negative. This result can occur from inadequate sample collection, very early-stage infection, or for patients close to recovery. With an inconclusive result, collecting and testing another sample is recommended.
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What is the Giglio rule?

In the 1963 Brady v. Maryland case, the Supreme Court held that prosecutors must disclose any exculpatory evidence to the accused material to his guilt or punishment. Subsequently, in the 1972 Giglio v.
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What is the Brady Rule?

The Brady Rule, named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense.
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What is the difference between exculpatory and inculpatory evidence?

Evidence in criminal prosecutions can generally fall into two main categories: Inculpatory evidence: Evidence tending to incriminate a defendant or indicate their guilt; and. Exculpatory evidence: Evidence tending to exonerate a defendant or helps establish their innocence.
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What is the writ of certiorari?

Writs of Certiorari

The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record of the case for review.
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