Rule 128

Question 1

any event or act or condition of things, assumed (for the moment) as happening or existing

Answer 1

FACT

Question 2

a fact as to the correctness of which the tribunal, under the law of the case, must be persuaded

Answer 2

Fact-in-issue

Question 3

any fact considered by the tribunal as data to persuade them to reach a reasoned belief upon a probandum

Answer 3

Fact-in-evidence

Question 4

the process of thought by which the tribunal reasons from fact to probandum

Answer 4

Inference

Question 5

the remarks of counsel analyzing and pointing out or repudiating the desired inference, for the assistance of the tribunal

Answer 5

Arguments

Question 6

the proposition to be established; necessarily conceived as hypothetical

Answer 6

Factum Probandum

Question 7

the material evidencing the proposition; conceived of for practical purposes as existent, and is offered as such for the consideration of the tribunal

Answer 7

Factum Probans

Question 8

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

Answer 8

Direct Evidence

Question 9

the proof of facts from which, taken collectively, the existence of the particular fact in dispute may be inferred as a necessary or probable consequence

Answer 9

Circumstancial Evidence

Question 10

that which affords the greatest certainty of the fact in question (example: the original contract)

Answer 10

Primary Evidence or Best Evidence

Question 11

that which is necessarily inferior to primary evidence and shows on its face that better evidence exists (example: copy of the original contract)

Answer 11

Secondary Evidence

Question 12

when a witness affirms that a fact did or did not occur

Answer 12

Positive Evidence

Question 13

when the witness states that he did not see or know the occurrence of fact

Answer 13

Negative Evidence

Question 14

additional evidence of a different kind and character, tending to prove the same point

Answer 14

Corroborative Evidence

Question 15

evidence of the same kind and character as that already given, and tends to prove the same proposition

Answer 15

Cumulative Evidence

Question 16

that which suffices for the proof of a particular fact, until contradicted and overcome by other evidence

Answer 16

Prima Facie Evidence

Question 17

that which is incontrovertible; evidence that when received, the law does not allow to be contradicted

Answer 17

Conclusive Evidence

Question 18

that which has a tendency in reason to establish the probability or improbability of a fact in issue; materiality has been used interchangeably with relevancy

Answer 18

Relevant Evidence

Question 19

evidence not excluded by law in a particular case

Answer 19

Competent Evidence

Question 20

signifies that the offered piece of evidence has no probative value

Answer 20

Irrelevant Evidence

Question 21

signifies that an offered witness is not qualified, under the rules of testimonial evidence

Answer 21

Incompetent Evidence

Question 22

signifies that the offered evidence is excluded by some rule of evidence, no matter what the rule

Answer 22

Inadmissible Evidence

Question 23

signifies that the offered evidential fact is directed to prove some probandum which is not properly in issue

Answer 23

Immaterial Evidence

Question 24

that which is given to explain, repel, counteract or disprove facts given in evidence by the adverse party.

Answer 24

Rebuttal Evidence

Question 25

that which is addressed to the sense of the tribunal, as where objects are presented for the inspection of the court

Answer 25

Real Evidence

Question 26

the testimony of one possessing in regard to a particular subject or department of human activity, knowledge not usually acquired by other persons

Answer 26

Expert Evidence

Question 27

refers to the degree or kind of evidence which will produce full conviction, or establish the proposition to the satisfaction of the tribunal.

Answer 27

Proof

Question 28

when the relevance of a piece of evidence is not apparent at the time it is offered, but the relevance of which will readily be seen when connected to other pieces of evidence not yet offered.

Answer 28

Conditional Admissibility

Question 29

allows a party to introduce otherwise inadmissible evidence to answer the opposing party’s previous introduction of inadmissible evidence if it would remove any unfair prejudice caused by the admission of the earlier inadmissible evidence

Answer 29

Curative Admissibility

Question 30

one that is not excluded by law or rules in a particular case

Answer 30

Competent Evidence