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What are the two common types of evidence in a civil suit?
The two common types of evidence in a civil suit are testimonial evidence, which includes witness testimony, and documentary evidence, which consists of written records, photographs, emails, contracts, or any other physical evidence that can be presented in court.
What is the difference between testimonial and physical evidence?
Evidence in criminal law is any item or testimony that assists in the proof of a prosecution or defense. It can be a weapon, a document, forensic samples or the testimony of a witness, and both sides of a criminal case are allowed to present evidence to the court for consideration. Real evidence is physical evidence, such as a gun, a fingerprint, a photograph, or DNA machine, different from testimonial evidence because it not physical object only is the testimony of a witness.
What is the difference between real evidence and demonstrative evidence?
By "real evidence" I assume you mean evidence given by a witness verbally under oath on the witness stand. That is called testimonial evidence. In any event there are two types of evidence. One is testimonial evidence and one is demonstrative evidence. Testimonial evidence is simply evidence given by a person testifying verbally under oath or affirmation. Demonstrative evidence is taken from inanimate objects that demonstrate some particular fact. In a typical Law and Order episode the witness who testifies he saw the defendant shoot the victim is providing testimonial evidence. Exhibit A, the murder weapon with the defendant's fingerprints on it is demonstrative evidence, because it demonstrates that the defendant had the weapon in his hand. Both are real evidence as the defendant will shortly be very unhappy to learn.
If a witness testifies to having heard gunshots this is an example of what type of evidence?
If the witness is testifying that HE heard the gunshots - it is called "direct evidence.' It is also a type called "testimonial" evidence as opposed to "demonstative" evidence. The testimonial evidence is that the witness testifies verbally that he heard the gun. The gun itself if entered into evidence would be demonstrative evidence.
Is word against word a strong evidence in court?
Word against word, or testimonial evidence, can be considered in court but is generally weaker than other types of evidence such as physical evidence or documents. It can be challenging to determine credibility and reliability in a situation where it is one person's word against another. Additional evidence or corroboration may be necessary to support a case based solely on testimonial evidence.
How is evidence classified?
Evidence is classified into several categories, typically including physical, documentary, and testimonial evidence. Physical evidence consists of tangible items that can be examined, such as fingerprints or weapons. Documentary evidence includes written or recorded materials, like contracts or emails, while testimonial evidence encompasses statements made by witnesses. Each type serves a different purpose in establishing facts in legal proceedings.
What does your water smell like when it breaks?
According to subjective, testimonial evidence, it tends to have little or no odor.
What kind of evidence is testimony?
Testimonial evidence is evidence given by a witness of things they've experienced first-hand. The first-hand account of a witness is called their testimony.
What are the different types of evidence that can be presented in court?
In court, different types of evidence that can be presented include physical evidence (such as documents, objects, or DNA), testimonial evidence (statements made by witnesses or experts), and circumstantial evidence (indirect evidence that implies a fact).
Is non testimonial evidence admissible in court?
Yes. Examples might be the results of drug lab or DNA tests. Evidence attempting to be introduced as 'non-testimonial' faces scrutiny and challenge to determine whether it is admissible, or not under the rules of "hearsay" evidence.The US Supreme Court differentiated between "testimonial" and "non-testimonial" witness statements in Crawford v. Washington, (2004) and Davis v. Washington with Hammon v. Indiana, (2006). For more information on these cases, see Related Questions, below.
What is more reliable testimonial or physical evidence?
Physical evidence is generally considered more reliable than testimonial evidence because it is objective and can be empirically verified. Testimonies can be influenced by personal biases, memory distortions, or external pressures, leading to inaccuracies. In contrast, physical evidence, such as fingerprints or DNA, remains consistent and can be independently analyzed. However, both forms of evidence can complement each other in establishing a comprehensive understanding of a situation.
Is non-testimonial evidence admissible in court?
From "Criminal Procedure & Constitutional Protections" (Second Edition) Non Testimonial Evidence: "Evidence that does not come from the mouth of a witness and may include conduct; physical evidence that may have the operative effect of proving guilt but has not been deemed to have the same effect as speech" Examples: Blood alcohol test, physical test to identify if a suspect is intoxicated. See case Schmerber v California, 384 U.S. 757 (1966)
