Evidence

Is it good or bad?
 Evidence

The raw material of argumentation. It consists of

facts, opinions, and objects that are used to
generate proof. The advocate brings together the
raw materials and, by the process of reasoning,
produces new conclusions.
Sources of
Evidence
Uses and Limitations
 Sources of Evidence
1.Judicial Notice – the quickest, simplest, and easiest
way of introducing evidence into an argument; it is
assumed to be so well known that it does not require
substantiation.

2.Public Records – include all documents compiled or

issued by or with the approval of any governmental
agency.
 Sources of Evidence
3.Public Writings – include all written material, other
than public records, made available to the general
public.

4.Private Writings – include all written material

prepared for private rather than public use. Some
private writings are designed to become public records
at a later date.
 Sources of Evidence

5.Testimony of Witnesses – testimony In court or before

a governmental body is usually given under oath and is
subject to penalties for perjury or contempt.

6.Personal Inspection – something is presented for

examination to the persons rendering the decision.
Types of
Evidence
 Types of Evidence
Judicial or Extrajudicial Evidence:

Judicial Evidence – also known as “legal” or “competent” evidence, is

evidence that is admissible in court. Such evidence must satisfy not only
the usual tests of evidence but also the various technical rules of legal
evidence.

Extrajudicial Evidence – also known as “extralegal,” “incompetent” or an

evidence “not admissible in court”; such evidence may be used outside the
court and is used to satisfy persons about the facts requiring proof in any
situation other than a legal proceeding and is subject only to the usual tests
of evidence.
 Types of Evidence
Primary or Secondary Evidence:

Primary Evidence – the best evidence that the circumstances admit.

It affords the greatest certainty of the matter in question, and it is
original or firsthand evidence. Primary evidence is stronger than
secondary evidence because there is less possibility of error.

Secondary Evidence – is evidence that falls short of this standard,

because by its nature it suggests there is better evidence of the
matter in question.
 Types of Evidence
Written or Unwritten Evidence:

Written Evidence – is evidence supplied by writings of all kinds:

books, newspapers, and magazines, as well as less frequently used
types of writing. In arguments outside the courtroom, written
evidence generally is given greater weight than oral or unwritten
evidence, because it is easier to substantiate.

Unwritten Evidence – includes both oral testimony and objects

offered for personal inspection.
 Types of Evidence
Real or Personal Evidence:

Real Evidence – furnished by objects placed on view or under

inspection. In the courtroom real evidence may consist of
fingerprints, scars, or weapons.

Personal Evidence – evidence furnished by persons, and it may be

in the form of oral or written testimony. The credibility we attach
to personal evidence depends in large part on the competence and
honesty we attribute to the person providing the testimony.
 Types of Evidence
Lay or Expert Evidence:

Lay Evidence – provided by persons without any special training,

knowledge, or experience in the matter under consideration. Such
evidence is useful in areas that do not require special
qualifications.

Expert Evidence – evidence provided by persons with special

training, knowledge, or experience in the matter under
consideration.
 Types of Evidence
Prearranged or Causal Evidence:

Prearranged Evidence – created for the specific purpose of recording

certain information for possible future reference. Prearranged evidence is
valuable as it is usually created near the time that the event in question
took place; also, because it is intended for future reference, it is usually
prepared with care.

Causal Evidence – created without any effort being made to create it and is
not designed for possible future reference. Casual evidence is valuable
because the party concerned did nothing to create the evidence.
 Types of Evidence

Negative Evidence – the absence of evidence that might

reasonably be expected to be found were the issue in
question true. Negative evidence must be introduced into
the argument with care. Advocates should claim negative
evidence only when they are certain there is an absence of
the evidence in question.
 Types of Evidence

Evidence Aliunde – also known as “extraneous” or

“adminicular” evidence, explains or clarifies other
evidence. Often the meaning or significance of evidence
is not apparent on the presentation of the evidence per se;
therefore, that evidence must be explained by the
presentation of other evidence.
 Types of Evidence

Alternative Forms of Evidence – if the development of

argumentation is considered outside the traditional logical
construct, importance of emotional content and
alternative viewpoints may become relevant.
 The
Probative
Force of
Evidence
 01 02
Partial Proof Corroborative Proof

03 04
Indispensable Proof Conclusive Proof
 The Probative Force of Evidence
1. Partial Proof – used to establish a detached fact in a
series of facts tending to support the issue in dispute.

2. Corroborative Proof – also known as “cumulative” or

“additional” proof, is strengthening or confirming
evidence of a different character in support of the same
fact or proposition.
 The Probative Force of Evidence
3.Indispensable Proof – evidence without which a
particular issue cannot be proved.

4.Conclusive Proof – evidence that is incontrovertible,

either because the law will not permit it to be
contradicted or because it is strong and convincing
enough to override all evidence to the contrary.