Rule 128 Flashcards
any event or act or condition of things, assumed (for the moment) as happening or existing
FACT
a fact as to the correctness of which the tribunal, under the law of the case, must be persuaded
Fact-in-issue
any fact considered by the tribunal as data to persuade them to reach a reasoned belief upon a probandum
Fact-in-evidence
the process of thought by which the tribunal reasons from fact to probandum
Inference
the remarks of counsel analyzing and pointing out or repudiating the desired inference, for the assistance of the tribunal
Arguments
the proposition to be established; necessarily conceived as hypothetical
Factum Probandum
the material evidencing the proposition; conceived of for practical purposes as existent, and is offered as such for the consideration of the tribunal
Factum Probans
that which proves the fact in dispute without the aid of any inference or presumption
Direct Evidence
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
Circumstancial Evidence
that which affords the greatest certainty of the fact in question (example: the original contract)
Primary Evidence or Best Evidence
that which is necessarily inferior to primary evidence and shows on its face that better evidence exists (example: copy of the original contract)
Secondary Evidence
when a witness affirms that a fact did or did not occur
Positive Evidence
when the witness states that he did not see or know the occurrence of fact
Negative Evidence
additional evidence of a different kind and character, tending to prove the same point
Corroborative Evidence
evidence of the same kind and character as that already given, and tends to prove the same proposition
Cumulative Evidence
that which suffices for the proof of a particular fact, until contradicted and overcome by other evidence
Prima Facie Evidence
that which is incontrovertible; evidence that when received, the law does not allow to be contradicted
Conclusive Evidence
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
Relevant Evidence
evidence not excluded by law in a particular case
Competent Evidence
signifies that the offered piece of evidence has no probative value
Irrelevant Evidence
signifies that an offered witness is not qualified, under the rules of testimonial evidence
Incompetent Evidence
signifies that the offered evidence is excluded by some rule of evidence, no matter what the rule
Inadmissible Evidence
signifies that the offered evidential fact is directed to prove some probandum which is not properly in issue
Immaterial Evidence
that which is given to explain, repel, counteract or disprove facts given in evidence by the adverse party.
Rebuttal Evidence
that which is addressed to the sense of the tribunal, as where objects are presented for the inspection of the court
Real Evidence
the testimony of one possessing in regard to a particular subject or department of human activity, knowledge not usually acquired by other persons
Expert Evidence
refers to the degree or kind of evidence which will produce full conviction, or establish the proposition to the satisfaction of the tribunal.
Proof
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.
Conditional Admissibility
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
Curative Admissibility
one that is not excluded by law or rules in a particular case
Competent Evidence
