Evidence (law)
In law, evidence is data, information or objects that support a legal claim or fact in the context of a particular legal case. The legal rules relating to evidence vary by legal systems (Country, state/province, city, town, etc.).
Types of evidence in legal systems
Broadly speaking, below are the types of evidence in legal cases:
1. Direct evidence: Direct evidence is straightforward in nature (Eyewitness's testimony, physical object, a confession)
2. Circumstantial evidence (Indirect evidence): Suggests a fact, but it doesn't directly prove it (Eyewitness testimony that suspect was seen near the crime scene, etc.)
3. Physical evidence: Tangible that is relevant to a trial and can be used to help prove facts or link a defendant to a crime. It's commonly known as real evidence or material evidence (Weapons, fingerprints or DNA evidence)
4. Documentary evidence: Written or recorded materials (Contracts, emails, medical records, audio/video recordings, etc.)
5. Expert evidence: Expert testimony from a qualified and relevant expert, such as a medical expert
6. Corroborating evidence: Strengthens or confirms other evidence in a trial (Another eyewitness backs up a witness's testimony in a trial)
7. Testimonial evidence: Testimony from a witness under oath, such as when a witness testifies in court that they saw a crime or an affidavit.
Valid evidence in a court case
In legal proceedings there are restrictions on what constitutes valid evidence. The primary objections to defective evidence are:
- hearsay (rules 801, 802, 803 and 804)
- form (confusing, leading, calls for speculation, etc.)
- lack of foundation
- the question is argumentative
- the statement assumes facts that are not in evidence
- the best evidence rule
- lack of personal knowledge
- improper impeachment
- too much of a narrative
- calls for opinion
- mischaractizes evidence
- privileged
- public policy
- Rule 403 (a grabbag of other objections including irrelevant, asked before and already answered, too much prejudice, a waste of time, etc.).
Quotes
- "The one who first states a case seems right, until the other comes and cross-examines". - King Solomon (Proverbs 18:17)
- "If the law is against you, argue the facts. If the law and the facts are against you, pound the table and yell like hell." - Carl Sandburg