Evidence Classifications

Question 1

What is direct evidence?

Answer 1

Direct evidence goes directly to a material issue without intervention of any inferential process. Evidence is direct when the very facts in dispute are communicated by those who have ACTUAL KNOWLEDGE by means of their senses.

Question 2

What is circumstantial evidence?

Answer 2

Indirect, relies on inference. Evidence of a subsidiary or collateral fact from which, alone or in conjunction with a cluster of facts, the existence of the material issue can be inferred.

Question 3

What is testimonial evidence?

Answer 3

Oral evidence given under oath. The witness responds to the questions of attorneys

Question 4

What is documentary evidence?

Answer 4

Evidence in the form of a writing, such as a contract or a confession

Question 5

What is real evidence?

Answer 5

The term applied to evidence consisting of things as distinguished from assertions of witnesses about things. Real evidence includes anything conveying a firsthand sense impression to the trier of fact (knives, jewelry, maps, tape recordings).