1. Principles of Evidence
Display slide.
Say “Welcome to the Professional Conduct session of the CLEAR Learning NCIT Basic course.”
Introduce yourself, including a brief overview of your credentials and history with CLEAR.
National Certified Investigator & Inspector Training Basic Program
Instructor Name
Agency

2. Law of Evidence
Common Law
Statutory Code

3. Rules of Evidence
A system of rules of when, how and whether a piece of information can be used in a trial
Whether or not the strict rules of evidence will apply in a regulatory case depends on the legislation governing that profession

4. Why?
Consistency
Reliability
Fairness

5. Definitions
Evidence
Probative
Admissibility

6. Categories
Direct
Circumstantial

7. Direct
Establishes fact in issue directly
Eyewitness

8. Circumstantial Indirectly establishes a fact Series of facts
Reasonable inference

9. Forms
Real
Testimonial
Demonstrative
Judicial Notice

10. Real
Tangible Objects
Documentary
Physical
Scientific

11. Real Evidence - Issues
Best Evidence Rule
Authentication

12. Best Evidence Rule
To prove the contents of a writing, the most original document is best
Applies to:
Documents
Recordings
Photographs
Correspondence

13. Administrative Proceedings
Duplicate is allowable to the same extent as the original unless an issue is raised as to:
(i) authenticity, or
(ii) fairness

14. Authentication
The process of establishing at a trial or hearing that something is what you claim it to be.

15. Authentication What requires authentication?
How do you authenticate an item?
Testimony
Personal Knowledge
Distinctive markings, chain of custody
Stipulation
Evidence Act

16. Process of Authentication
Identify Source
Proof of Source
Document Custody
Document Condition
Prepare Receipt

17. Testimonial
Lay
Expert

18. Testimonial - Lay Presumed to be competent to testify
Personal knowledge
Oath or affirmation

19. Testimonial - Expert
Average person unable to make reasoned judgment without assistance of an expert
Competency to testify is not presumed; must be qualified
Frequently used in administrative cases

20. Testimonial Evidence
Credibility
Bias
Interest
Hostility

21. Demonstrative
A representation or illustration intended to prove a material fact
Used to aid testimonial evidence so as to give it more weight and make it more understandable

22. Judicial Notice
When a commonly known or easily ascertainable fact is recognized as being true without requiring formal proof (e.g., what day of the week a particular date falls upon).

23. Materiality
Has something substantive to do with an issue in the case

24. Relevancy
Logical relevance
Legal relevance

25. Evidence Acts
Evidence Acts facilitate the use of evidence that would otherwise be excluded.

26. Admissibility of Evidence
The requirement that the evidence does not violate an exclusionary rule
Types of exclusionary rules:
Hearsay
Prior consistent statements
Oath helping

27. Privileges Solicitor-Client Public Policy Settlement Public interest
Litigation

28. Prejudicial Evidence Inflammatory Public policy concerns Similar acts
Subsequent remedial measures
Similar acts

29. Prejudicial Evidence Excessive/Confusing/Cumulative Unfair surprise
Physical inconvenience
Indecency

30. Hearsay
Statement made outside of the trial or hearing by a person who is not a party to the proceeding that is offered in evidence to prove what was said is true

31. Why is Hearsay Suspect? No opportunity of cross-examine
Not under oath at the time statement was made
Not in courtroom or hearing room when the statement was made
Danger of inaccurate reporting

32. Exceptions Reliable and necessary
Not offered to prove what is said is true
Former testimony
Admission
Declarations against interest

33. Exceptions Dying declarations Business Records Official Records
Past Recollection Recorded
Res Gestae

34. Evidence in Administrative Cases
Sometimes, strict rules of evidence do not apply, but are often followed to some extent
In cases where hearsay is allowed, it is often given limited weight and is usually not sufficient to support a finding on its own
Privileged communications are typically excluded

35. Standard of Proof Balance of Probabilities
E.g.: it is more likely than not that

36. Sufficiency of Evidence
Burden of Proof
Assessing Credibility

37. Assessing Credibility
Appearance or Demeanor
Ability to perceive
Ability to recall
Motivation
Probability
Internal consistency
External consistency

38. Judicial Scrutiny Challenge an agency action Degree of scrutiny
Appeal provided by statute
Application for Judicial Review
Degree of scrutiny
Discretion?
Expertise?
Witness credibility?
Nature of ruling?

39. Evidence Review Questions

40. The two broad classifications of evidence are direct and:
Review Question 1
The two broad classifications of evidence are direct and:
Indirect
Circumstantial
Negligent
Contextual

41. Review Question 2
The reasons for having rules of evidence are Consistency, Fairness, and:
Reliability
Admissibility
Relevancy
Materiality

42. “The most original document is best” is the definition of:
Review Question 3
“The most original document is best” is the definition of:
Admissibility
Direct Evidence
The Best Evidence Rule
Authentication

43. Principles of Evidence Summary (1 of 2)
The rules of evidence exist to ensure fairness, consistency and reliability
Evidence is classified as direct or circumstantial
Real evidence includes objects that can been seen and felt
Most often, demonstrative evidence is used to support testimonial evidence

44. Principles of Evidence Summary (2 of 2)
The best evidence rule states that the most original evidence is best
Authenticating evidence means proving that the information is what you claim it to be
Privileged evidence is excluded from administrative hearings

45. NCIT Basic Evaluations
Principles of Evidence

46. In general, this instructor:
Unacceptable
Needs to Improve
Is Good
Is Very Good
Excellent

47. The style of delivery:
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48. The content:
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49. The amount of material covered:
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50. The usefulness of this session :
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Excellent