Evidence in Europe

Definition of Evidence

All the legal means, exclusive of mere argument, which tend to prove or disprove any matter of fact, the truth of which is ‘submitted to judicial investigation (Taylor)
(1) Oral. ” Statements made by witnesses in Court under a legal sanction ” (Stephen)
(2) Documentary. ” Documents produced for the inspection of the Judge ” (Stephen)
(3) Conclusive. ” Evidence of a fact which the Court must take as full proof of such fact and which excludes all evidence to disprove it ” (Stephen)
(4) Direct. Evidence of a fact actually in issue ; evidence of a fact actually perceived by a witness with his own senses
(5) Circumstantial. Evidence of a fact not actually in issue, but legally relevant to a fact in issue
(6) Real. Evidence supplied by material objects produced for the inspection of the Court
(7) Extrinsic. Oral evidence given in connection with written documents
(8) Hearsay. Evidence of a fact not actually perceived by a witness with his own senses, but proved by him to have been stated by another person
(9) Indirect. Circumstantial or hearsay evidence
(10) Original. ll Evidence which has an independent probative force of its own ” (Best)
(11) Derivative. lt Evidence which derives ite force from some other source ” (Best)
(12) Parol. Oral, extrinsic, evidence
(13) Prima fads. Evidence of a fact which the Court must take as proof of such fact, unless disproved by further evidence
(14) Primary. Evidence which itself suggests that it is the best evidence, and which is required to be produced if available
(15) Secondary. ” Evidence which itself suggests the existence of better evidence, and which is rejected if primary evidence is available ” (Cockle)

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Definition of Evidence is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.

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