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Types of Evidence
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Testimonial Evidence
Any type of evidence obtained from a witness who makes a solemn statement or declaration of fact. Example: A witness giving evidence under oath in court.
Relevant Evidence
Evidence that is related to the facts in dispute and has the ability to make the existence of any fact that is of consequence to the determination of the action more probable or less probable. Example: A receipt showing a purchase that confirms someone was at a certain place at a certain time.
Demonstrative Evidence
Evidence in the form of a representation of an object. Example: Maps, X-rays, graphs, and diagrams used in court to demonstrate or illustrate testimony.
Cumulative Evidence
Additional evidence that supports a fact already established by existing evidence. Example: Multiple witnesses independently confirming seeing the defendant at the crime scene.
Forensic Evidence
Evidence obtained through scientific techniques used in connection with the detection of crime. Example: DNA profiling.
Anecdotal Evidence
Informal evidence based on personal testimony or observations rather than hard facts. Example: Stories a witness shares about the defendant.
Demonstrative Evidence
Evidence used to illustrate or explain other evidences or to make things clearer to the jury. Example: Using a model to demonstrate the severity of an injury.
Presumptive Evidence
Evidence that is assumed to be true until evidence to the contrary is presented. Example: Ownership of a car is presumed to be that of the registered owner.
Documentary Evidence
Any type of written or recorded evidence. Example: Emails, letters, contracts, audio recordings.
Digital Evidence
Information stored or transmitted in digital form that a party to a court case may use at trial. Example: Data from a smartphone.
Direct Evidence
Evidence that directly proves a fact. Example: A witness testifying that they saw the defendant commit a crime.
Circumstantial Evidence
Evidence that requires a judge or jury to make inferences in order to establish a fact. Example: Finding the defendant's fingerprints at a crime scene.
Best Evidence
The requirement that the original source of evidence is required when its contents are in dispute. Example: An original document is required, not a copy, when the document's terms are critical to the case.
Hearsay Evidence
Evidence based on what the witness has heard someone else say, rather than on direct knowledge. Example: A witness who testifies that they heard someone else talking about a crime.
Character Evidence
Evidence aimed at establishing the likelihood of a person's conduct on the basis of their character. Example: Testimony about an individual's good reputation for honesty.
Prima Facie Evidence
Sufficient evidence that, unless rebutted, would prove the case. Example: A signed contract establishing an agreement.
Physical Evidence
Tangible items that tend to prove some material fact. Example: A weapon found at the scene of a crime.
Judicial Notice
The act by which a court accepts certain facts as universally recognized truths without requiring proof. Example: Recognizing that the weekend includes Saturday and Sunday.
Expert Witness Testimony
Testimony given in a trial by a person who is qualified to speak with authority regarding scientific, technical, or professional matters. Example: A forensic scientist explaining DNA evidence.
Exculpatory Evidence
Evidence that can show the innocence of the defendant. Example: Surveillance footage showing the defendant was not at the crime scene.
Real Evidence
Evidence that is a thing itself, rather than a description or representation of that thing. Example: The actual gun used in a murder.
Inculpatory Evidence
Evidence that suggests the defendant's guilt. Example: The defendant's DNA found at the scene of the crime.
Admissible Evidence
Evidence that is allowed to be introduced in a court as determined by rules of evidence. Example: A signed contract that has been properly authenticated.
Statistical Evidence
Evidence that uses statistical data to infer a fact, usually pertaining to numbers or percentages. Example: Crime statistics used to show the frequency of a specific crime in a certain area.
Probative Evidence
Evidence that has the effect of proving an issue or fact in a court case. Example: Eyewitness testimony that confirms a key element in the prosecution's case.
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