{"id":360777,"date":"2013-01-28T16:34:14","date_gmt":"2013-01-28T21:34:14","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/dictionary\/definition\/evidence.html"},"modified":"2013-01-28T16:34:14","modified_gmt":"2013-01-28T21:34:14","slug":"evidence","status":"publish","type":"dictionary","link":"https:\/\/dictionary.findlaw.com\/definition\/evidence.html","title":{"rendered":"Evidence"},"content":{"rendered":"\n
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term:<\/p>\n

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n<\/p><\/dt>\n

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[Medieval Latin evidentia<\/em>, from Latin, that which is obvious, from evident<\/em>– evidens<\/em> clear, obvious, from e<\/em>– out of, from + videns<\/em>, present participle of videre<\/em> to see]
:<\/strong> something that furnishes or tends to furnish proof
;esp<\/em>
:<\/strong> something (as testimony, writings, or objects) presented at a judicial or administrative proceeding for the purpose of establishing the truth or falsity of an alleged matter of fact see also admissible<\/a>, best evidence rule<\/a>, exclusionary rule<\/a>, exhibit<\/a>, foundation<\/a>, objection<\/a>, preponderance of the evidence<\/a>, relevant<\/a>, scintilla<\/a>, state’s evidence<\/a>, suppress<\/a>, testimony<\/a>, witness<\/a> Federal Rules of Evidence<\/em> in the Important Laws section compare allegation<\/a>, argument<\/a>, proof<\/a><\/p>\n

best evidence<\/strong>
:<\/strong> evidence that is the most reliable and most direct in relationship to what it is offered to prove see also best evidence rule<\/a><\/p>\n

char\u00b7ac\u00b7ter evidence<\/strong>
:<\/strong> evidence of a particular human trait (as honesty or peacefulness) of a party or witness see also character witness<\/em> at witness<\/a> NOTE: Under the Federal Rules of Evidence, character evidence generally may not be used to prove that a person acted in accordance with that character. It is admissible for that purpose, however, if a criminal defendant offers it about himself or herself or about the victim, or if the prosecution offers evidence to rebut the defendant’s evidence in either of those circumstances. The prosecution may also rebut a claim of self-defense by presenting evidence of the peaceful character of the victim. Additionally, the character of a witness with regard to truthfulness may be attacked or supported by opinion or by evidence of reputation. <\/em><\/p>\n

circumstantial evidence<\/strong>
:<\/strong> evidence that tends to prove a factual matter by proving other events or circumstances from which the occurrence of the matter at issue can be reasonably inferred compare direct evidence<\/a> in this entry <\/p>\n

clear and convincing evidence<\/strong>
:<\/strong> evidence showing a high probability of truth of the factual matter at issue compare preponderance of the evidence<\/a>, reasonable doubt<\/a> <\/p>\n

com\u00b7mu\u00b7ni\u00b7ca\u00b7tive evidence<\/strong>
[k\u0259-my\u00fc-n\u0259-k\u0259-tiv-, -k\u0101-tiv-]
:<\/strong> testimonial evidence <\/a> in this entry<\/p>\n

competent evidence<\/strong>
:<\/strong> evidence that is admissible, relevant, and material to the factual matter at issue<\/p>\n

corroborating evidence<\/strong>
:<\/strong> evidence that is independent of and different from but that supplements and strengthens evidence already presented as proof of a factual matter called also corroborative evidence<\/em> compare cumulative evidence<\/a> in this entry<\/p>\n

cumulative evidence<\/strong>
:<\/strong> evidence that is of the same kind as evidence already offered as proof of the same factual matter compare corroborating evidence<\/a> in this entry<\/p>\n

de\u00b7mon\u00b7stra\u00b7tive evidence<\/strong>
:<\/strong> evidence in the form of objects (as maps, diagrams, or models) that has in itself no probative value but is used to illustrate and clarify the factual matter at issue
;broadly<\/em>
:<\/strong> physical evidence <\/a> in this entry called also illustrative evidence<\/em><\/p>\n

derivative evidence<\/strong>
:<\/strong> evidence obtained as a result of the unlawful gathering of primary evidence called also indirect evidence<\/em> secondary evidence<\/em> see also fruit of the poisonous tree<\/a><\/p>\n

direct evidence<\/strong>
:<\/strong> evidence that if believed immediately establishes the factual matter to be proved by it without the need for inferences
;esp<\/em>
:<\/strong> evidence of a factual matter offered by a witness whose knowledge of the matter was obtained through the use of his or her senses (as sight or hearing) compare circumstantial evidence<\/a> in this entry<\/p>\n

evidence in chief<\/strong>
:<\/strong> evidence that is to be used by a party in making its case in chief<\/p>\n

exculpatory evidence<\/strong>
:<\/strong> evidence that tends to clear a defendant from fault or guilt see also brady material<\/a> NOTE: The prosecution in a criminal case is obligated to disclose to the defense any exculpatory evidence in its possession. <\/em><\/p>\n

extrinsic evidence<\/strong>
1<\/strong> :<\/strong> evidence regarding an agreement that is not included in the written version of the agreement NOTE: A court may use extrinsic evidence to make sense of an ambiguity in a writing subject to some limitations. <\/em>
2<\/strong> :<\/strong> evidence about a witness’s character obtained from the testimony of other witnesses rather than from cross-examination of the witness himself or herself NOTE: A witness may not be impeached by the use of extrinsic evidence. <\/em><\/p>\n

hearsay evidence<\/strong>
:<\/strong> a statement made out of court and not under oath and offered in evidence as proof that what is stated is true
:<\/strong> hearsay <\/a><\/p>\n

il\u00b7lus\u00b7tra\u00b7tive evidence<\/strong>
:<\/strong> demonstrative evidence <\/a> in this entry<\/p>\n

impeachment evidence<\/strong>
:<\/strong> evidence that may be used to impeach a witness because it tends to harm the witness’s credibility<\/p>\n

indirect evidence<\/strong>
:<\/strong> derivative evidence <\/a> in this entry<\/p>\n

intrinsic evidence<\/strong>
:<\/strong> evidence that exists within a writing [the will contains ample intrinsic evidence<\/em> of the testator’s intent “Stoner v. Custer<\/em>, 251 N.E.2d 668 (1968)”] compare extrinsic evidence<\/a> in this entry<\/p>\n

material evidence<\/strong>
:<\/strong> evidence that is likely to affect the determination of a matter or issue
;specif<\/em>
:<\/strong> evidence that warrants reopening of a claim or reversal of a conviction because but for the circumstance that the evidence was unavailable the outcome of the first proceeding would have been different<\/p>\n

no evidence<\/strong>
:<\/strong> evidence presented that is insufficient to prove a matter of esp. vital fact
:<\/strong> a point of error that insufficient evidence has been presented to support a finding<\/p>\n

parol evidence<\/strong>
:<\/strong> evidence of matters spoken (as an oral agreement) that are related to but not included in a writing see also parol evidence rule<\/a><\/p>\n

physical evidence<\/strong>
:<\/strong> tangible evidence (as a weapon, document, or visible injury) that is in some way related to the incident that gave rise to the case called also real evidence<\/em> compare demonstrative evidence<\/a> and testimonial evidence<\/a> in this entry<\/p>\n

presumptive evidence<\/strong>
:<\/strong> prima facie evidence <\/a> in this entry<\/p>\n

prima facie evidence<\/strong>
:<\/strong> evidence that is sufficient to prove a factual matter at issue and justify a favorable judgment on that issue unless rebutted<\/p>\n

pri\u00b7ma\u00b7ry evidence<\/strong>
1<\/strong> :<\/strong> best evidence <\/a> in this entry
2<\/strong> :<\/strong> evidence obtained as a direct result of an unlawful search<\/p>\n

re\u00b7al evidence<\/strong>
:<\/strong> physical evidence <\/a> in this entry<\/p>\n

rebuttal evidence<\/strong>
:<\/strong> evidence that tends to refute or discredit an opponent’s evidence<\/p>\n

relevant evidence<\/strong>
:<\/strong> evidence that tends to prove or disprove any issue of fact that is of consequence to the case<\/p>\n

secondary evidence<\/strong>
:<\/strong> derivative evidence <\/a> in this entry<\/p>\n

sub\u00b7stan\u00b7tial evidence<\/strong>
:<\/strong> evidence greater than a scintilla of evidence that a reasonable person would find sufficient to support a conclusion<\/p>\n

substantive evidence<\/strong>
:<\/strong> evidence offered to prove a factual issue rather than merely for impeachment<\/p>\n

testimonial evidence<\/strong>
:<\/strong> evidence given in writing or speech or in another way that expresses the person’s thoughts compare physical evidence<\/a> in this entry NOTE: Only testimonial evidence is protected by the Fifth Amendment’s privilege against self-incrimination. <\/em>

in evidence<\/strong>
:<\/strong> as evidence [introduced a letter in evidence<\/em>]
<\/strong>
vt -denced<\/strong>
-denc\u00b7ing<\/strong>
:<\/strong> to provide evidence of<\/p>\n

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Source: Merriam-Webster’s Dictionary of Law \u00a91996. Merriam-Webster, Incorporated. Published under license with Merriam-Webster, Incorporated.<\/div>\n<\/div>\n
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Related Terms from the Criminal Law Glossary<\/h2>\n\t\n\t
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