Evidence (What is; is Not) is information that is presented in court or in other legal proceedings to prove a fact or argument. It can include physical objects, documents, photographs, audio and video recordings, and testimony from witnesses. Evidence must be relevant to the case, must be reliable, and must be legally admissible. Types of evidence include: 1. Testimonial Evidence: This includes statements from witnesses about what they saw or heard. These statements can be made in court or in a written document. 2. Documentary Evidence: This includes written documents such as contracts, deeds, letters, and other records that were created at or near the time of the incident. 3. Real Evidence: This includes physical objects such as weapons, tools, or other items that are relevant to the case. 4. Demonstrative Evidence: This includes items such as diagrams, photographs, videos, or other visual aids that are used to explain or illustrate a point. 5. Scientific Evidence: This includes evidence that was gathered through scientific testing such as DNA testing or other forensic analysis.
Evidence (What is; is Not)
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FAQ
Evidence an item or information proffered to make the existence of a fact more or less probable. Evidence can take the form of testimony, documents, photographs, videos, voice recordings, DNA testing, or other tangible objects.
There are four types evidence by which facts can be proven or disproven at trial which include: Real evidence; Demonstrative evidence; Documentary evidence; and. Testimonial evidence.
Absence of evidence is not evidence of absence.
Questions, statements, objections, and arguments by the lawyers are not evidence. The lawyers are not witnesses. Although you must consider a lawyer's questions to understand the answers of a witness, the lawyer's questions are not evidence.
The general rule is that all relevant evidence is admissible and irrelevant evidence is inadmissible. So, to be admissible, every item of evidence must tend to prove or disprove a fact at issue in the case. If the evidence is not related to a fact at issue in a case, it is irrelevant and is, therefore, inadmissible.
?Absence of Evidence does not mean Evidence of Absence?, an old quote by Dr Carl Sagan, means, in a very simple term,that, if there is lack of evidence of presence of a thing, does not always conclude to the absence of that thing totally.
3.08 What Is Not Evidence (1) Arguments and statements by lawyers are not evidence. The lawyers are not witnesses. What they say in their opening statements, closing arguments and at other times is intended to help you interpret the evidence, but it is not evidence.
For example, the court in Rashid v. Reed decided that evidence of a person being injured in an automobile accident was irrelevant in proving that the plaintiff was injured in the same accident, as one person's injuries do not prove another's.