Evidence

1.   Definitions

a.   Factum probandum – ultimate fact or the fact sought to be established

b. Factum probans – evidentiary fact or the fact by which the factum probandum is to be established

2.   Classification of evidence

a.   Object (Real)

à That which is directly addressed to the senses of the court and consists of tangible things exhibited or demonstrated in open court, in an ocular inspection, or at a place designated by the court for its view or observation of an exhibition, experiment or demonstration

Documentary

à  Evidence supplied by written instruments or derived from conventional symbols, such as letter, by which ideas are represented on material substances

Testimonial

à  That which is submitted to the court through the testimony or deposition of a witness

b.  Relevant

à  Evidence having any value in reason as tending to prove any matter provable in an action

à  Relevancy – logical relation of evidentiary fact to fact in issue

Material

à  Evidence directed to prove a fact in issue

Competent

à  One that is not excluded by law in particular case

c.  Direct

à  That which proves the fact in dispute without the aid of any inference or presumption

Circumstantial

à  The proof of the facts other than the fact in issue from which, taken either singly or collectively, the existence of the particular fact in dispute may be inferred as a necessary or probable consequence

d.   Cumulative

à  Evidence of the same kind and to the same state of facts

Corroborative

à  Additional evidence of a different character to the same point for higher probative value

e.   Prima facie

à  That which standing alone, unexplained or uncontradicted is sufficient to maintain a proposition

Conclusive

à  Class of evidence which the law does not allow to be contradicted

f.    Primary or Best

à  That which the law regards as affording greatest certainty of the fact in question

Secondary or Substitutionary

à  That which is inferior to the primary evidence and is permitted by law only when the best evidence is not available

g.   Positive

à  The witness affirms that a fact did or did not occur

Negative

à  The witness states that he did not see or know of the occurrence of a fact