Be Careful – Be Truthful – Your Oral Evidence counts till the end. Oral Evidence you adduce in the witness box and the documents you product in the Court of Law is very important – Plays a vital role in deciding your case through out.
Even if you appeal further, oral evidence adduced in the lower court holds good.
In my opinion many of the cases fail because of bad oral evidence lead by the party and for non production of proper documentary evidence.
So I urge through this medium that parties should be thoroughly sensitized before they enter the witness box in a Court of Law.
Many a time I have observed in the Courts, people whether they are literate/illiterate, urbanite or a rural folk they adduce evidence so casually without realizing the consequence or the impact that word will have on their case.
They behave so causally! Only few people will have a focused mind set and such people narrate the facts properly.
We see another set of people who are otherwise worldly wise and in the Lawyers chambers they act very smart and they understand the impact of the points to be adduced but when they stand before a judge in the witness box they instead of revealing the exact truth and fact , I don’t know out of servile attitude or because lack of knowledge of court room and the impact of their behavior and conduct that will have on their case– when a question is put by an advocate or by the court, instead of revealing the truth they say something else.
Such people I feel instead of losing the case, better to give a Power of Attorney to a relative or friend who will have balance of mind and thought and who is capable of adducing proper evidence to support the case properly.
Definition Evidence – Medieval Latin evidentia, from Latin, that which is obvious, from evident- evidens clear, obvious, from e- out of, from + videns, present participle of videre to see : something that furnishes or tends to furnish proof; especially :something (as testimony, writings, or objects) presented at a judicial or administrative proceeding for the purpose of establishing the truth or falsity of an alleged matter of fact — see also ADMISSIBLE, BEST EVIDENCE RULE, EXCLUSIONARY RULE, EXHIBIT,FOUNDATION, OBJECTION,, PREPONDERANCE OF THE EVIDENCE,RELEVANT, SCINTILLA, STATE’S EVIDENCE, SUPPRESS, TESTIMONY,WITNESS
Federal Rules of Evidence in the IMPORTANT LAWS section —compare ALLEGATION, ARGUMENT, PROOF best evidence : evidence that is the most reliable and most direct in relationship to what it is offered to prove —see also
BEST EVIDENCE RULE character evidence : evidence of a particular human trait (as honesty or peacefulness) of a party or witness —see also character witness at WITNESS NOTE: Under the Federal Rules of Evidence, character evidence generally may not be used to prove that a person acted in accordance with that character.
It is admissible for that purpose, however, if a criminal defendant offers it about himself or herself or about the victim, or if the prosecution offers evidence to rebut the defendant’s evidence in either of those circumstances.
The prosecution may also rebut a claim of self-defense by presenting evidence of the peaceful character of the victim.
Additionally, the character of a witness with regard to truthfulness may be attacked or supported by opinion or by evidence of reputation.
Circumstantial Evidence : evidence that tends to prove a factual matter by proving other events or circumstances from which the occurrence of the matter at issue can be reasonably inferred — compare DIRECT EVIDENCE in this entry clear and convincing evidence : evidence showing a high probability of truth of the factual matter at issue —compare
PREPONDERANCE OF THE EVIDENCE, REASONABLE DOUBT communicative evidence
TESTIMONIAL EVIDENCE in this entry competent evidence : evidence that is admissible, relevant, and material to the factual matter at issue corroborating evidence : evidence that is independent of and different from but that supplements and strengthens evidence already presented as proof of a factual matter called also corroborative evidence —compare
CUMULATIVE EVIDENCE in this entry cumulative evidence : evidence that is of the same kind as evidence already offered as proof of the same factual matter —compare
CORROBORATING EVIDENCE in this entry demonstrative evidence : evidence in the form of objects (as maps, diagrams, or models) that has in itself no probative value but is used to illustrate and clarify the factual matter at issue; broadly :
PHYSICAL EVIDENCE in this entry called also illustrative evidence derivative evidence : evidence obtained as a result of the unlawful gathering of primary evidence called also indirect evidence secondary evidence —see also
FRUIT OF THE POISONOUS TREE direct evidence : evidence that if believed immediately establishes the factual matter to be proved by it without the need for inferences;especially : evidence of a factual matter offered by a witness whose knowledge of the matter was obtained through the use of his or her senses (as sight or hearing) —compare.
Extrinsic evidence evidence regarding an agreement that is not included in the written version of the agreementNOTE: A court may use extrinsic evidence to make sense of an ambiguity in a writing subject to some limitations.
2: evidence about a witness’s character obtained from the testimony of other witnesses rather than from cross-examination of the witness himself or herself
NOTE: A witness may not be impeached by the use of extrinsic evidence.
hearsay evidence : a statement made out of court and not under oath and offered in evidence as proof that what is stated is true : HEARSAY illustrative evidence :
DEMONSTRATIVE EVIDENCE in this entry impeachment evidence : evidence that may be used to impeach a witness because it tends to harm the witness’s credibility indirect evidence :
DERIVATIVE EVIDENCE in this entry intrinsic evidence : evidence that exists within a writing intrinsic evidence of the testator’s intent —Stoner v. Custer, 251 North Eastern Reporter, Second Series 668 (1968)> —compare
EXTRINSIC EVIDENCE in this entry material evidence : evidence that is likely to affect the determination of a matter or issue;specifically : evidence that warrants reopening of a claim or reversal of a conviction because but for the circumstance that the evidence was unavailable the outcome of the first proceeding would have been different no evidence : evidence presented that is insufficient to prove a matter of esp. vital fact: a point of error that insufficient evidence has been presented to support a finding parol evidence : evidence of matters spoken (as an oral agreement) that are related to but not included in a writing —see also PAROL EVIDENCE RULE physical evidence : tangible evidence (as a weapon, document, or visible injury) that is in some way related to the incident that gave rise to the case called also real evidence —compare
DEMONSTRATIVE EVIDENCE and, TESTIMONIAL EVIDENCE in this entry presumptive evidence :
PRIMA FACIE EVIDENCE in this entry prima facie evidence : evidence that is sufficient to prove a factual matter at issue and justify a favorable judgment on that issue unless rebutted primary evidence 1: BEST EVIDENCE in this entry 2: evidence obtained as a direct result of an unlawful search real evidence :
PHYSICAL EVIDENCE in this entry rebuttal evidence : evidence that tends to refute or discredit an opponent’s evidence relevant evidence : evidence that tends to prove or disprove any issue of fact that is of consequence to the case secondary evidence :
DERIVATIVE EVIDENCE in this entry substantial evidence : evidence greater than a scintilla of evidence that a reasonable person would find sufficient to support a conclusion substantive evidence : evidence offered to prove a factual issue rather than merely for impeachment testimonial evidence : evidence given in writing or speech or in another way that expresses the person’s thoughts —compare
PHYSICAL EVIDENCE in this entry NOTE: Only testimonial evidence is protected by the Fifth Amendment’s privilege against self-incrimination.