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ev·i·dence 1 /'e-və-dəns, -ˌdens/ n [Medieval Latin evidentia, from Latin, that which is obvious, from evident - evidens clear, obvious, from e - out of, from + videns, present participle of videre to see]: something that furnishes or tends to furnish proof; esp: 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, best evidence rule, exclusionary rule, exhibit, foundation, objection, preponderance of the evidence, relevant, scintilla, state's evidence, suppress, testimony, witness; federal rules of evidence in the important laws section compare allegation, argument, proofbest evidence: evidence that is the most reliable and most direct in relationship to what it is offered to prove see also best evidence rulechar·ac·ter evidence: evidence of a particular human trait (as honesty or peacefulness) of a party or witness see also character witness at witness◇ 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.circumstantial evidence: 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 in this entryclear and convincing evidence: evidence showing a high probability of truth of the factual matter at issue compare preponderance of the evidence, reasonable doubtcom·mu·ni·ca·tive evidence /kə-'myü-nə-kə-tiv-, -ˌkā-tiv-/: testimonial evidence in this entrycompetent evidence: evidence that is admissible, relevant, and material to the factual matter at issuecorroborating evidence: 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; compare cumulative evidence in this entrycumulative evidence: evidence that is of the same kind as evidence already offered as proof of the same factual matter compare corroborating evidence in this entryde·mon·stra·tive evidence: 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: physical evidence in this entry – called also illustrative evidence;derivative evidence: evidence obtained as a result of the unlawful gathering of primary evidence – called also indirect evidence, secondary evidence; see also fruit of the poisonous treedirect evidence: evidence that if believed immediately establishes the factual matter to be proved by it without the need for inferences; esp: 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 in this entryevidence in chief: evidence that is to be used by a party in making its case in chiefexculpatory evidence: evidence that tends to clear a defendant from fault or guilt see also brady material◇ The prosecution in a criminal case is obligated to disclose to the defense any exculpatory evidence in its possession.extrinsic evidence1: evidence regarding an agreement that is not included in the written version of the agreement◇ A court may use extrinsic evidence to make sense of an ambiguity in a writing subject to some limitations.2: evidence about a witness's character obtained from the testimony of other witnesses rather than from cross-examination of the witness himself or herself◇ A witness may not be impeached by the use of extrinsic evidence.hearsay evidence: a statement made out of court and not under oath and offered in evidence as proof that what is stated is true: hearsayil·lus·tra·tive evidence: demonstrative evidence in this entryimpeachment evidence: evidence that may be used to impeach a witness because it tends to harm the witness's credibilityindirect evidence: derivative evidence in this entryintrinsic evidence: evidence that exists within a writingthe will contains ample intrinsic evidence of the testator's intent — Stoner v. Custer, 251 N.E.2d 668 (1968) compare extrinsic evidence in this entrymaterial evidence: evidence that is likely to affect the determination of a matter or issue; specif: 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 differentno evidence: evidence presented that is insufficient to prove a matter of esp. vital fact: a point of error that insufficient evidence has been presented to support a findingparol evidence: evidence of matters spoken (as an oral agreement) that are related to but not included in a writing see also parol evidence rulephysical evidence: 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; compare demonstrative evidence and testimonial evidence in this entrypresumptive evidence: prima facie evidence in this entryprima facie evidence: evidence that is sufficient to prove a factual matter at issue and justify a favorable judgment on that issue unless rebuttedpri·ma·ry evidence1: best evidence in this entry2: evidence obtained as a direct result of an unlawful searchre·al evidence: physical evidence in this entryrebuttal evidence: evidence that tends to refute or discredit an opponent's evidencerelevant evidence: evidence that tends to prove or disprove any issue of fact that is of consequence to the casesecondary evidence: derivative evidence in this entrysub·stan·tial evidence: evidence greater than a scintilla of evidence that a reasonable person would find sufficient to support a conclusionsubstantive evidence: evidence offered to prove a factual issue rather than merely for impeachmenttestimonial evidence: evidence given in writing or speech or in another way that expresses the person's thoughts compare physical evidence in this entry◇ Only testimonial evidence is protected by the Fifth Amendment's privilege against self-incrimination.in evidence: as evidenceintroduced a letter in evidenceevidence 2 vt -denced, -denc·ing: to provide evidence of
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
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noun
admitted testimony, body of facts on which belief is based, circumstances in a case, confirmation, corroboration, document, documentation, documents, exhibit, exhibits, exhibits submitted to jury, facts, facts admitted at trial, facts judicially noted, facts which bear on the point in question, facts which establish the point in issue, factual matter, ground of proof, grounds for belief, indicium, instrument of proof, matter legally submitted to the jury, matters of fact, means of proof, means of proving a fact, medium of proof, persuasive facts, probative matter, proof, proof legally presented at trial, proof of facts, record, relevant fact, relevant material, species of proof, substantiation, testimonium, that which furnishes proof, that which tends to prove, validation, verification
associated concepts: acceptance of evidence, admission of evidence, affirmative evidence, after-discovered evidence, against the weight of the evidence, all the evidence favorable to the plaintiff, best evidence, burden of going forward, burden of persuasion, burden of proof, character evidence, circumstantial evidence, clear and convincing evidence, clear preponderance of the evidence, collateral evidence, competent evidence, conclusive evidence, conflicting evidence, corroborating evidence, credible evidence, cumulative evidence, demonstrative evidence, destruction of evidence, direct evidence, documentary evidence, evidence of title, exclusion of evidence, expert evidence, extrinsic evidence, fabricated evidence, fair preponderance of evidence, favorable evidence, foundation for evidence, hearsay evidence, immaterial evidence, impeaching evidence, incompetent evidence, incredible evidence, inculpatory evidence, independent evidence, indispensable evidence, insufficient evidence, intrinsic evidence, introduction of evidence, irrelevant evidence, judicial evidence, legal evidence, material evidence, newly discovered evidence, objection to evidence, offering in evidence, opinion evidence, parol evidence, persuasive evidence, positive evidence, preponderance of evidence, presumptive evidence, prima facie evidence, primary evidence, probative evidence, real evidence, rebutting evidence, receiving evidence into the record, record evidence, reliable evidence, res gestae, rules of evidence, satisfactory evidence, scintilla of evidence, secondary evidence, state's evidence, substantial evidence, substantive evidence, sufficient evidence, sufficient evidence to support the verdict, supporting evidence, suppression of evidence, sworn evidence, taking evidence, testimony, visible evidence, weight of evidence, written evidence
foreign phrases:
- Ponderantur testes, non numerantur. — Witnesses are weighed, not counted- Principia probant, non probantur. — Principles prove, they are not proved- Praesumptiones sunt conjecturae ex signo verisimili ad probandum assumptae. — Presumptions are conjectures from probable proof, assumed for purposes of prool- Testimonia ponderanda sunt, non numeranda. — Evidence is to be weighed, not counted- De non apparentibus, et non existentibus, eadem est ratio. — The law is the same respecting things which do not appear and those which do not exist.- Non potest probari quod probatum non relevat. — That may not be proved which, if proved is irrelevant.II verb attest, authenticate, avouch, bear out, bear witness to, bring to light, bring to view, certify, circumstantiate, confirm, declare to be genuine, declare to be true, demonstrate, denote, disclose, display, establish, evince, exemplify, expose, give indication of, illustrate, imply, indicate, indicium, infer, instance, lay bare, make obvious, make plain, manifest, reveal, signify, suggest, swear, tell of, tend to show, testimonium, uncover, unsheathe, verify associated concepts: proof evidencing a crime occurred III index adduce, bear (adduce), certification (attested copy), certify (attest), cite (state), clue, connote, corroboration, data, disclose, display, document (noun), document (verb), documentation, evince, exemplify, exhibit (noun), exhibit (verb), expression (manifestation), ground, indicate, indication, indicia, manifest, manifestation, notarize, produce (offer to view), proof, record, signify (denote), substantiate, sustain (confirm), symptom, testimony, token, verify (swear)
Burton's Legal Thesaurus. William C. Burton. 2006
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n.Anything used to prove the truth of an issue in court; includes testimony, documents, objects, and anything else that could persuade the jury.
The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008.
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the body of rules that governs what can and what cannot be brought before a court in any particular cause. It determines whether and which witnesses may offer testimony and the extent to which they may testify. It is the law of evidence that regulates which writings, printouts, documents or, indeed, other items of real evidence, such as knives, dogs, cars, ships, photographs or videotapes, may be put before the court. It also determines what weight the evidence should have – whether it is conclusive, persuasive, indicative or useless. Indeed, it may be said that the known presumptions in law that may resolve a case without any real evidence or testimony are equally part of the law of evidence. See circumstantial evidence, exclusionary rule.
Collins dictionary of law. W. J. Stewart. 2001.
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The many types of information presented to a judge or jury designed to convince them of the truth or falsity of key facts. Evidence typically includes testimony of witnesses, documents, photographs, items of damaged property, government records, videos, and laboratory reports. Strict rules limit what can be properly admitted as evidence, but dozens of exceptions often mean that creative lawyers find a way to introduce such testimony or other items into evidence. (See: admissible evidence, inadmissible evidence)Category: Criminal LawCategory: DUI / DWI & Traffic TicketsCategory: DUI / DWICategory: If, When & Where to File a LawsuitCategory: Mediation, Arbitration & Collaborative LawCategory: Representing Yourself in CourtCategory: Small Claims Court & LawsuitsCategory: Small Claims CourtCategory: Traffic Tickets
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
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n. A thing, a document, or the testimony of a person that bears on the truth or falsity of an assertion made in litigation; the totality of such items introduced in a trial; the legal doctrines pertaining to the admission, use, and evaluation of such items.@ character evidenceEvidence attesting to one's character and moral standing in the community; character witnessed to attest to same.See also reputation witness.=>> evidence.@ competent evidenceEvidence that pertains to the matters being decided by the court and that may be considered by the court under the applicable rules of evidence.=>> evidence.@ cumulative evidenceAdditional evidence that tends to prove the same assertions as evidence already admitted.=>> evidence.@ demonstrative evidenceVisual evidence, such as a chart, image, or model, prepared by attorneys or consultants, that demonstrates or clarifies information relevant to the trial.=>> evidence.@ direct evidenceEvidence based on the witness' personal observation of events.=>> evidence.@ documentary evidenceDocuments introduced as evidence.=>> evidence.@ evidence in chiefEvidence supporting the basic premises of a party's case.=>> evidence.@ extrinsic evidenceEvidence pertaining to a contract and contradicting or supplementing its terms. Extrinsic evidence is not permitted where the contract is unambiguous.Evidence that pertains to a contract, but is not contained with the "four corners" of the contract document; generally offered to contradict or explain the terms of the written document. Extrinsic evidence is generally not permitted unless the contract is ambiguous on its face.=>> evidence.@ opinion evidenceA witness' personal opinion about the facts of the dispute.=>> evidence.@ real evidenceTangible evidence directly involved in the underlying events of the case.n. Objects produced for inspection at trial.See also evidence.=>> evidence.@ rebuttal evidenceEvidence offered to contradict the other party's assertions.=>> evidence.@
Webster's New World Law Dictionary. Susan Ellis Wild. 2000.
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Any matter of fact that a party to a lawsuit offers to prove or disprove an issue in the case. A system of rules and standards that is used to determine which facts may be admitted, and to what extent a judge or jury may consider those facts, as proof of a particular issue in a lawsuit.
Dictionary from West's Encyclopedia of American Law. 2005.
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Any matter of fact that a party to a lawsuit offers to prove or disprove an issue in the case. A system of rules and standards that is used to determine which facts may be admitted, and to what extent a judge or jury may consider those facts, as proof of a particular issue in a lawsuit.II Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Short Dictionary of (mostly American) Legal Terms and Abbreviations.
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n.every type of proof legally presented at trial (allowed by the judge) which is intended to convince the judge and/or jury of alleged facts material to the case. It can include oral testimony of witnesses, including experts on technical matters, documents, public records, objects, photographs and depositions (testimony under oath taken before trial). It also includes so-called "circumstantial evidence" which is intended to create belief by showing surrounding circumstances which logically lead to a conclusion of fact. Comments and arguments by the attorneys, statements by the judge and answers to questions which the judge has ruled objectionable are not evidence. Charts, maps and models which are used to demonstrate or explain matters are not evidence themselves, but testimony based upon such items and marks on such material may be evidence. Evidence must survive objections of opposing attorneys that it is irrelevant, immaterial or violates rules against "hearsay" (statements by a party not in court), and/or other technicalities.See also: circumstantial evidence, demonstrative evidence, deposition, hearsay, material, object, objection, relevant
Law dictionary. EdwART. 2013.
