direct evidence

direct evidence
Evidence in form of testimony from a witness who actually saw, heard or touched the subject of questioning. State v. Baker, 249 Or. 549, 438 P.2d 978, 980.
Evidence, which if believed, proves existence of fact in issue without inference or presumption. State v. McClure, Mo.App., 504 S.W.2d 664, 668.
That means of proof which tends to show the existence of a fact in question, without the intervention of the proof of any other fact, and is distinguished from circumstantial evidence, which is often called "indirect."
Direct evidence means evidence which in the first instance applies directly to the factum probandum, or which immediately points to a question at issue, or is evidence of the precise fact in issue and on trial by witnesses who can testify that they saw the acts done or heard the words spoken which constituted the precise fact to be proved. Evidence that directly proves a fact, without an inference or presumption, and which in itself, if true, conclusively establishes that fact. Calif.Evid.Code

Black's law dictionary. . 1990.

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Look at other dictionaries:

  • direct evidence — see evidence Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. direct evidence n …   Law dictionary

  • Direct evidence — Direct Di*rect , a. [L. directus, p. p. of dirigere to direct: cf. F. direct. See {Dress}, and cf. {Dirge}.] 1. Straight; not crooked, oblique, or circuitous; leading by the short or shortest way to a point or end; as, a direct line; direct means …   The Collaborative International Dictionary of English

  • Direct evidence — supports the truth of an assertion (in criminal law, an assertion of guilt or of innocence) directly, i.e., without an intervening inference.[1] Circumstantial evidence, by contrast, directly supports the truth of evidence, from which the truth… …   Wikipedia

  • direct evidence — Evidence in form of testimony from a witness who actually saw, heard or touched the subject of questioning. State v. Baker, 249 Or. 549, 438 P.2d 978, 980. Evidence, which if believed, proves existence of fact in issue without inference or… …   Black's law dictionary

  • direct evidence — noun evidence (usually the testimony of a witness) directly related to the fact in dispute (Freq. 1) • Ant: ↑circumstantial evidence • Topics: ↑law, ↑jurisprudence • Hypernyms: ↑evidence * * * …   Useful english dictionary

  • direct evidence — evidence of a witness who testifies to the truth of the fact to be proved (contrasted with circumstantial evidence). * * * …   Universalium

  • direct evidence — /dəˌrɛkt ˈɛvədəns/ (say duh.rekt evuhduhns) noun evidence of a witness who testifies to the truth of the fact to be proved, having perceived it at first hand. Compare circumstantial evidence …  

  • direct evidence — Proof which speaks directly to the issue, requiring no support by other evidence; proof in testimony out of the witness own knowledge, as distinguished from evidence of circumstances from which inferences must be drawn if it is to have probative… …   Ballentine's law dictionary

  • direct evidence — testimony of a witness concerning the fact to be proved (as opposed to circumstantial evidence) …   English contemporary dictionary

  • evidence — ev·i·dence 1 / e və dəns, ˌdens/ n [Medieval Latin evidentia, from Latin, that which is obvious, from evident evidens clear, obvious, from e out of, from + videns, present participle of videre to see]: something that furnishes or tends to furnish …   Law dictionary

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