Terms Used In Kansas Statutes 60-401

  • Burden of proof: means the obligation of a party to meet the requirements of a rule of law that the fact be proven either by a preponderance of the evidence or by clear and convincing evidence or beyond a reasonable doubt, as the case may be. See Kansas Statutes 60-401
  • Conservator: means conservator as defined by Kan. See Kansas Statutes 60-401
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Finding of fact: means the determination from proof or judicial notice of the existence of a fact as a basis for a ruling on evidence. See Kansas Statutes 60-401
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Judge: means member or members or representative or representatives of a court conducting a trial or hearing at which evidence is introduced. See Kansas Statutes 60-401
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Proof: is a ll of the evidence before the trier of the fact relevant to a fact in issue which tends to prove the existence or non-existence of such fact. See Kansas Statutes 60-401
  • Property: includes personal and real property. See Kansas Statutes 77-201
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verbal: includes both oral and written words. See Kansas Statutes 60-401
  • Verdict: The decision of a petit jury or a judge.

As used in this article unless the context otherwise requires:

(a) “Evidence” is the means from which inferences may be drawn as a basis of proof in duly constituted judicial or fact-finding tribunals, and includes testimony in the form of opinion, and hearsay.

(b) “Relevant evidence” means evidence having any tendency in reason to prove any material fact.

(c) “Proof” is all of the evidence before the trier of the fact relevant to a fact in issue which tends to prove the existence or non-existence of such fact.

(d) “Burden of proof” means the obligation of a party to meet the requirements of a rule of law that the fact be proven either by a preponderance of the evidence or by clear and convincing evidence or beyond a reasonable doubt, as the case may be. Burden of proof is synonymous with “burden of persuasion.”

(e) “Burden of producing evidence” means the obligation of a party to introduce evidence when necessary to avoid the risk of a directed verdict or peremptory finding against him or her on a material issue of fact.

(f) “Conduct” includes all active and passive behavior, both verbal and nonverbal.

(g) “The hearing” unless some other is indicated by the context of the rule where the term is used, means the hearing at which the question under a rule is raised, and not some earlier or later hearing.

(h) “Finding of fact” means the determination from proof or judicial notice of the existence of a fact as a basis for a ruling on evidence. A ruling implies a supporting finding of fact.

(i) “Guardian” means guardian as defined by Kan. Stat. Ann. § 77-201 (32nd) and also includes the person, committee, or other representative authorized by the law of any other jurisdiction to protect the person of any individual under disability imposed by law.

(j) “Judge” means member or members or representative or representatives of a court conducting a trial or hearing at which evidence is introduced.

(k) “Trier of fact” includes a jury, or a judge when he or she is trying an issue of fact other than one relating to the admissibility of evidence.

(l) “Verbal” includes both oral and written words.

(m) “Writing” means handwriting, typewriting, printing, photostating, photographing and every other means of recording upon any tangible thing any form or communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof.

(n) “Conservator” means conservator as defined by Kan. Stat. Ann. § 77-201 (34th) and also includes the person, committee, or other representative authorized by the law of any other jurisdiction to protect the property or estate of any individual under disability imposed by law.