evidence

Any species of proof, or probative matter, legally presented at the trial of an issue, by the act of the parties and through the medium of witnesses, records, documents, exhibits, concrete objects, etc., for the purpose of inducing belief in the minds of the court or jury as to their contention. Taylor v. Howard, 111 R.I. 527, 304 A.2d 891, 893.

Testimony, writings, or material objects offered in proof of an alleged fact or proposition. That probative material, legally received, by which the tribunal may be lawfully persuaded of the truth or falsity of a fact in issue. People v. Leonard, 207 C.A.2d 409, 24 Cal.Rptr. 597, 600.

Testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact. Calif.Evid.Code.

All the means by which any alleged matter of fact, the truth of which is submitted to investigation, is established or disproved.

Any matter of fact, the effect, tendency, or design of which is to produce in the mind a persuasion of the existence or nonexistence of some matter of fact. That which demonstrates, makes clear, or ascertains the truth of the very fact or point in issue, either on the one side or on the other. That which tends to produce conviction in the mind as to existence of a fact. The means sanctioned by law of ascertaining in a judicial proceeding the truth respecting a question of fact. As a part of procedure "evidence" signifies those rules of law whereby it is determined what testimony should be admitted and what should be rejected in each case, and what is the weight to be given to the testimony admitted.

See evidence rules.

For presumption as evidence, see presumption;

Proof and evidence distinguished, see proof;

Testimony as synonymous or distinguishable, see testimony;

View as evidence, see view.

See also adminicular evidence

- aliunde

- autoptic evidence

- best evidence

- beyond a reasonable doubt

- circumstantial evidence

- competent evidence

- conclusive evidence

- conflicting evidence

- corroborating evidence

- critical evidence

- cumulative evidence

- demeanor (demeanor evidence)

- demonstrative evidence

- derivative evidence

- direct evidence

- documentary evidence

- exemplars

- extrajudicial evidence

- extraneous evidence

- extrinsic evidence

- fabricated evidence

- fact

- fair preponderance of evidence

- hearsay

- illegally obtained evidence

- immaterial evidence

- incompetent evidence

- incriminating evidence

- inculpatory

- independent source rule

- indirect evidence

- indispensable evidence

- inference

- laying foundation

- legal evidence

legally sufficient evidence

- limited admissibility

- material evidence

- mathematical evidence

- moral evidence

- narrative evidence

- newly discovered evidence

- offer of proof

- opinion evidence

or testimony (opinion testimony)

- oral evidence

- original document rule

- parol evidence rule

- partial evidence

- past recollection recorded

- perpetuating testimony

- physical fact rule

- positive evidence

- preliminary evidence

- preponderance of evidence

- presumption

- presumptive evidence

- prima facie evidence

- primary evidence

- prior inconsistent statements

- privileged evidence

- probable evidence

- probative evidence

- probative facts

- proof

- proper evidence

- real evidence

- reasonable inference rule

- rebuttal evidence

- relevant evidence

- satisfactory evidence

- scintilla of evidence rule

- secondary evidence

- second-hand evidence

- state's evidence

- substantial evidence

- substantive evidence

- substitutionary evidence rule

- sufficiency of evidence

- traditionary evidence

- view

- weight of evidence

- withholding of evidence

There are, generally speaking, two types of evidence from which a jury may properly find the truth as to the facts of a case. One is direct evidence-such as the testimony of an eyewitness. The other is indirect or circumstantial evidence-the proof of a chain of circumstances pointing to the existence or non-existence of certain facts. As a general rule, the law makes no distinction between direct and circumstantial evidence, but simply requires that the jury find the facts in accordance with the preponderance of all the evidence in the case, both direct and circumstantial.

@ autoptic evidence

Type of evidence presented in court which consists of the thing itself and not the testimony accompanying its presentation. Articles offered in evidence which the judge or jury can see and inspect. Real evidence as contrasted with testimonial evidence; e.g. in contract action, the document purporting to be the contract itself, or the gun in a murder trial.

See demonstrative evidence.

+ autoptic evidence

An exhibit of a thing offered before jury as evidence to be seen through jury's own eyes. Johnson v. State, 139 Tex.Cr.R. 279, 139 S.W.2d 579, 581.

See autoptic preference

- demonstrative evidence

@ character evidence

Evidence of a person's character or traits is admissible under certain conditions in a trial, though, as a general rule, evidence of character traits are not competent to prove that a person acted in conformity therewith on a particular occasion. Fed. Evid.R. 404.

+ character evidence

Evidence of person's moral standing in community based on reputation. Admissibility of character evidence in federal trials is governed by Fed.Evid. Rules 404 and 405, and with respect to witnesses by Rules 607-609

@ curative admissibility.

See curative

@ exculpatory evidence

A defendant in a criminal case is entitled to evidence in possession or control of the government if such evidence tends to indicate his innocence or tends to mitigate his criminality if he demands it and if the failure to disclose it results in a denial of a fair trial. U. S. v. Agurs, 427 U.S. 97, 96 S.Ct. 2392, 49 L.Ed.2d 342.

Disclosure of evntence by the government is governed by Fed.R.Crim.P. TC

@ expert evidence

Testimony given in relation to some scientific, technical, or professional matter by experts, i.e., persons qualified to speak authoritatively by reason of their special training, skill, or familiarity with the subject.

See also expert witness.

@ identification evidence

See exemplars.

@

- illegally obtained evidence

@ inculpatory evidence

Evidence tending to show a person's involvement in a crime; incriminating evidence.

See incriminating evidence.

@ irrelevant evidence

Evidence is irrelevant if it is not so related to the issues to be tried and if it has no logical tendency to prove the issues.

See irrelevant

Compare relevant evidence.

+ irrelevant evidence

Not relevant; immaterial; not relating or applicable to the matter in issue; not supporting the issue or fact to be proved. Evidence is irrelevant where it has no tendency to prove or disprove any issue of fact involved. Irrelevant evidence is commonly objected to and disallowed at trial. Fed.Evid.R. 402.

See also immaterial

- impertinence

- irrelevancy

@ material evidence.

See relevant evidence, below.

@

- oral evidence

- original evidence

@ preponderance of the evidence

A standard of proof (used in many civil suits) which is met when a party's evidence on a fact indicates that it is "more likely than not" that the fact is as the party alleges it to be.

See fair preponderance of evidence.

@ proffered evidence

Evidence, the admissibility or inadmissibility of which is dependent upon the existence or nonexistence of a preliminary fact. Calif.Evid.Code.

@ relevant evidence

Evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. Fed. Evid.R. 401.

Evidence, including evidence relevant to the credibility of a witness or hearsay declarant, having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action. Calif.Evid.Code.

Evidence which bears a logical relationship to the issues in a trial or case.

+ relevant evidence

Evidence tending to prove or disprove an alleged fact. Evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence. Fed. Evid.R. 401.

Evidence is "relevant" if it tends to make existence of material fact more or less probable. City of Seattle v. Boulanger, 37 Wash.App. 357, 680 P.2d 67, 68.

Basic test for admissibility of evidence is relevancy, and testimony is "relevant" if reasonable inferences can be drawn therefrom regarding or if any light is shed upon, a contested matter. State v. Smith, 5 Wash.App. 237, 487 P.2d 227, 229.

Evidence is "relevant" not only when it tends to prove or disprove precise fact in issue but when it tends to establish fact from which existence or nonexistence of fact in issue can be directly inferred. People v. Warner, App., 270 C.A.2d 900, 76 Cal.Rptr. 160, 165.

See also material

- material evidence

- relevancy

- unfair prejudice

@

- tangible evidence

@ testimonial evidence

Communicative evidence as distinguished from demonstrative or physical evidence. Com. v. Fernandez, 333 Pa.Super. 279, 482 A.2d 567, 569.

See testimony

+ testimonial evidence

Evidence elicited from a witness in contrast to documentary or real evidence.

See also evidence

@ evidence by inspection

Such evidence as is addressed directly to the senses without intervention of testimony. Tangible; physical evidence.

See demonstrative evidence

@ evidence codes

Statutory provisions governing admissibility of evidence and burden of proof at hearings and trials (e.g. California Evidence Code).

See also evidence rules, infra

@ evidence completed

Exists where both sides have offered testimony and rested, or where plaintiff has rested and defendant has made motion for finding on plaintiffs case and stands on motion and declines to offer evidence. Merriam v. Sugrue, D.C.Mun.App., 41 A.2d 166, 167

@ evidence, law of

@ law of evidence

The aggregate of rules and principles regulating the burden of proof, admissibility, relevancy, and weight and sufficiency of evidence in legal proceedings.

See evidence codes

- evidence rules

@ evidence of debt

A term applied to written instruments or securities for the payment of money, importing on their face the existence of a debt.

See bond

- debenture

@ evidence of insurability

Medical examination, records, and the like, required by insurer to establish a potential insurers qualification, or lack thereof, for particular insurance

@ evidence of title

A deed or other document establishing the title to property, especially real estate.

See deed.

Evidence reasonably tending to support verdict. Means evidence that is competent, relevant, and material, and which to rational and impartial mind naturally leads, or involuntarily tends to lead, to conclusion for which there is valid, just, and substantial reason. Kelly v. Oliver Farm Equipment Sales Co., 169 Okl. 269, 36 P.2d 888, 891.

See also evidence to support findings.

Means some legal evidence tending to prove every material fact in issue as to which the party in whose favor the verdict was rendered had the burden of proof. Nicolai-Neppach Co. v. Smith, 154 Or. 450, 58 P.2d 1016, 1024

@ evidence rules

Rules which govern the admissibility of evidence at hearings and trials, e.g., Federal Rules of Evidence; Uniform Rules of Evidence. A number of states have adopted evidence rules as patterned on the Federal Rules of Evidence. In certain states evidence rules are codified (e.g., California Evidence Code) or otherwise set forth in statutes (e.g., state statutes commonly govern admissibility of privileged communications)

@ evidence to support findings

Substantial evidence or such relevant evidence as a reasonable mind might accept as adequate to support a conclusion and enough to justify, if the trial were to a jury, a refusal to direct a verdict when the conclusion sought to be drawn from it is one of fact for jury. Jordan v. Craighead, 114 Mont. 337, 136 P.2d 526, 528.

See also ultimate facts

@