Juris Flashcards
The means, sanctioned by the rules of court, of ascertaining in a judicial proceeding the truth respecting a matter of fact.
EVIDENCE
Signifies those rules of law whereby it is determined what evidence should be admitted and what should be excluded in each case and what is the weight to be given to the evidence admitted.
EVIDENCE
Not excluded by law as tending to prove a fact in issue.
Competent evidence
The law does not permit to be contradicted.
Conclusive evidence
Additional evidence of a different character to the same point.
Corroborative evidence
Additional evidence of the same character to the same point.
Cumulative evidence
Proves a fact without an inference or presumption and which in itself, if true, establishes that fact.
Direct evidence
The testimony given by a witness on a matter requiring special skill, knowledge, training or experience which he is shown to possess.
Expert evidence
Not directed to prove a fact in issue as determining by the rules of substantive law and of pleadings.
Immaterial evidence
Irrelevant to the issue or which is excluded by the rules of evidence.
Inadmissible evidence
Excluded by law either on ground of its immateriality, irrelevancy, want of credibility or for any other reason.
Incompetent evidence
No tendency in reason to establish the probability or improbability of a fact in question.
Irrelevant evidence
Directed to prove a fact in issue.
Material evidence
Proves a particular fact until contradicted and overcome by other evidence.
Prima evidence
Directly addressed to the court’s senses as would materially aid the judge to arrive at a proper conclusion as to the truth respecting a matter of fact.
Real evidence
Having any value in reason as may tend to establish the probability or improbability of a fact in question.
Relevant evidence
Is any written or oral statement or declaration of a person respecting a matter of fact sought to be prove.
Testimonial evidence
2 KINDS OF PRESUMPTIONS
Presumption of law, Presumption of fact
A deduction which the law expressly directs to be made from particular facts.
Presumption of law
presumption of law that is legally satisfactory and may not be contradicted and overcome by proof to the contrary.
Conclusive presumption
presumption of law that is satisfactory if uncontradicted but may be overcome by other evidence.
Disputable presumption
A deduction in which reason draws from the facts proven without an expressed direction of law to that effect.
Presumption of fact
Consists of writing or any material containing letters, words, numbers, figures, symbols, or other modes of written expression offered as proof of their contents.
DOCUMENTARY EVIDENCE
2 types of presumption of law
Conclusive presumption
Disputable presumption