English Jurisprudence (12-10-2012)
Definition of Evidence:
Evidence and its kinds:
That which
demonstrates, makes clear, or ascertains the truth of the very fact or point in
issue;; or it is whatever is exhibited to a court or jury, whether it be by
matter of record, or writing, or by the testimony of witnesses, in order to
enable them to pronounce with certainty; concerning the truth of any matter in
dispute. Evidence, in pr.; or it is that which is legally submitted to a jury,
to enable them to decide upon the questions in dispute or issue, as pointed out
by the pleadings and distinguished from all comment or argument. 1 Stark. Ev.
8. 2. Evidence may be considered with reference to, 1. The nature of the
evidence. 2. The object of the evidence. 3. The instruments of evidence. 4. The
effect of evidence. 1. As to its nature, evidence may be considered with reference
to its being 1. Primary evidence. 2. Secondary evidence. 3. Positive. 4.
Presumptive. 5. Hearsay. 6. Admissions.
Kinds of Evidence:
·
Primary
evidence. The law generally requires that the best evidence the case admits of
should be given.
·
Secondary
evidence. That species of proof which is admissible on the loss of primary
evidence, and which becomes by that even the best evidence.
·
3.
Positive or direct evidence is that which, if believed, establishes the truth
of a fact in issue, and does not arise from any presumption. Evidence is direct
and positive, when the very facts in dispute are communicated by those who have
the actual knowledge of them by means of their senses.
·
Presumptive
evidence is that which is not direct, but where, on the contrary, a fact which
is not positively known, is presumed or inferred from one or more other facts
or circumstances which are known. Vide article Presumption, and Rosc
·
Hearsay,
is the evidence of those who relate, not what they know themselves, but what
they have heard from others.
·
Admissions
are the declarations which parties by himself, or those who act under his
authority, make of the existence of certain facts.
EVIDENCE, CIRCUMSTANTIAL. The proof of facts which usually attend other facts ought to be, proved; that which is not direct evidence. For
example, when a witness testifies that a man was stabbed with a knife, and that
a piece of the blade was found in the wound, and it is found to fit exactly
with another part of the blade found in the possession of the prisoner; the
facts are directly attested, but they only prove circumstances, and hence this
is called circumstantial evidence.
2.
Circumstantial evidence is of two kinds, namely, certain and uncertain. It is
certain when the conclusion in question necessarily follows as, where a man had
received a mortal wound, and it was found that the impression of a bloody left
hand had been made on the left arm of the deceased, it was certain some other
person than the deceased must have made such mark.
EVIDENCE, CONCLUSIVE. That which, while uncontradicted, satisfies the judge and jury
it is also that which cannot be contradicted.
2. The
record of a court of common law jurisdiction is conclusive as to the facts
therein stated.
EVIDENCE, DIRECT.
That which applies immediately to the fadum probandum, without any intervening
process.
EVIDENCE, EXTRINSIC. External evidence or that which is not contained in the body of
an agreement, contract, and the like.
2. It
is a general rule that extrinsic evidence cannot be admitted to contradict,
explain, vary or change the terms of a contract or of a will, except in a
latent ambiguity, or to rebut a resulting trust.
Kinds of Evidence
v
Verbal/Oral Evidence
v
Documentary Evidence
v
Primary Evidence
v
Secondary Evidence
v
Circumstantial Evidence
v
Expert’s Evidence
v
Direct Evidence
v
Hearsay Evidence
v
Judicial Evidence
v
Extra-Judicial Evidence
In every case whether it is a civil or criminal case there
is either question of law or question of fact.
A question which has been decided by law is the question of law.
A question which has not been decided by law is the law of
fact.
Laws are not disproved through evidence, only facts are
disproved.
Facts are proved and disproved through Evidence.
Facts admitted needs not to be proved.
