WEIGHT OF EVIDENCE

Question 1

§ 410 - “Direct Evidence”

What is direct evidence?

Answer 1

“Direct evidence” is evidence that directly proves a fact, without an inference or presumption, and which in itself, if true, conclusively establishes that fact.

Question 2

§ 411 - One Witness Sufficient for Direct Evidence

Answer 2

Except where additional evidence is required by statute, the direct evidence of one witness who is entitled to full credit is sufficient for proof of any fact.

Question 3

§ 412 - Party Having Power to Produce Better Evidence

How should the court view evidence when stronger evidence was available?

Answer 3

If weaker and less satisfactory evidence is offered when a party is able to produce stronger and more satisfactory evidence, the court should view the evidence offered with distrust.

Question 4

§ 413 - Party’s Failure to Explain or Deny Evidence

What may the court consider when evaluating evidence against a party?

Answer 4

In determining what inferences to draw from the evidence against a party, the court may consider, among other things:
1. The party’s failure to explain or deny the evidence against him; or
2. His willful suppression of related evidence.