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Evidence All the legal means, exclusive of mere argument, which tend to prove or disprove any matter of fact, the truth of which is submitted to judicial investigation; as follows: (1) Oral: statements made by witnesses in court. (2) Documentary: including public and private documents, and statements of relevant facts made by persons in writing (see infra). (3) Conclusive: evidence of a fact which the court must take as full proof of it, and which excludes all evidence to disprove it. (4) Direct: evidence of a fact actually in issue; evidence of a fact actually perceived by a witness with his own senses. (5) Circumstantial: evidence of a fact not actually in issue, but legally relevant to a fact in issue. (6) Real: evidence supplied by material objects produced for the inspection of the court. (7) Extrinsic: oral evidence given in connection with written documents. (8) Hearsay. (9) Indirect: circumstantial or hearsay evidence. (10) Original: evidence which has an independent probative force of its own. (11) Derivative: evidence which derives its force from some other source. (12) Parol: oral, extrinsic evidence. (13) Prima facie: evidence of a fact which the court must take as proof of such fact, unless disproved by further evidence. (14) Primary evidence of a document id the document itself, or duplicate original. (15) Secondary: evidence other than the best evidence, and which is rejected if primary evidence is avail able; e.g. oral evidence of the contents of a lost document such as a will Evidence must be given in open court viva voce, but provision is made where a cause or matter is pending, for depositions to be taken from witnesses who will be unable to attend the hearing. |
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See Also: Translator EN-BM |