Real Evidence

Definition

Real evidence refers to physical objects that are presented in court to support the facts of a case. This type of evidence can include anything from documents, weapons, and photographs to biological samples and recordings. Real evidence is crucial for establishing credibility and substantiating claims made by parties in a legal proceeding.

5 Must Know Facts For Your Next Test

1. Real evidence must be relevant to the case and must be authenticated to prove it is what it claims to be.
2. The presentation of real evidence often requires a proper chain of custody to show that the evidence has been handled correctly from the time it was collected until it is presented in court.
3. Unlike testimonial evidence, real evidence provides tangible proof that can often speak for itself in a way that witnesses cannot.
4. Real evidence can also be subject to inspection and analysis, allowing expert witnesses to provide further insights on its significance.
5. In cases involving physical injury, real evidence may include medical records or physical objects like damaged vehicles to illustrate the extent of harm.

Review Questions

• How does real evidence differ from other types of evidence presented in court?
  • Real evidence differs from testimonial and documentary evidence because it consists of physical objects rather than spoken or written statements. While testimonial evidence relies on witnesses' accounts and documentary evidence relies on written materials, real evidence provides tangible proof that can help establish facts independently. This direct form of evidence often carries significant weight in legal proceedings as it can be examined physically by the judge and jury.
• Discuss the importance of the chain of custody when dealing with real evidence in a trial setting.
  • The chain of custody is vital for ensuring the integrity and authenticity of real evidence. It documents every person who handled the evidence, along with times and conditions under which it was stored or transferred. If any break in this chain occurs, the reliability of the evidence may be questioned, which can lead to its exclusion from trial. Establishing a clear chain of custody reassures the court that the evidence has not been tampered with and maintains its admissibility.
• Evaluate how real evidence can enhance a party's case in court and what challenges might arise in its presentation.
  • Real evidence can significantly enhance a party's case by providing concrete proof that supports their claims, making their arguments more persuasive to the judge or jury. However, challenges can arise such as ensuring proper authentication, dealing with evidentiary rules that dictate what types of real evidence are admissible, or overcoming objections related to relevance or prejudice. Moreover, effective presentation requires skilled handling and often expert testimony to explain complex scientific or technical details associated with the real evidence.

Related terms

Demonstrative Evidence: Evidence that is used to illustrate or clarify a point, often in the form of charts, maps, or models.

Documentary Evidence: Written or recorded materials that are presented as evidence, such as contracts, emails, or official records.

Witness Testimony: Oral statements made by individuals who have knowledge about the facts of the case, which can support or contradict real evidence.