Evidence

I. PRELIMINARY CONSIDERATION:

A. Importance of the study of Evidence in Law Enforcement:

As an element of our Criminal Justice System, it is the duty of every law enforcement agencies to provide the prosecution
with the materials and information (Evidence) necessary in order to support conviction.

Every person is entitled to be presumed innocent of a crime or wrong, unless proven otherwise. This is a prima facie
presumption which must be overcome by proof beyond reasonable doubt.

B. Connecting the chain of events through Evidence during Trial:

Trial refers to “the examination before a competent tribunal, according to the laws of the land, of the facts in issue in a
cause, for the purposes of determining such issue” (U.S. v. Raymundo, 14 Phil 416).

Evidence helps in the determination of Questions of Facts by helping the judge reconstruct the chain of events from the
conception up to the consummation of a criminal design.

C. Factum Probandum and Factum Probans

Factum Probandum – The ultimate facts to be proven. These are the propositions of law.

Examples:
• murder was committed thru treachery
• robbery was made through force upon things

Factum Probans – The evidentiary Facts. These addresses questions of fact.

Examples:
• exit wounds were in front indicating that victim was shot at the back
• destroyed locks indicative of force upon things

Thus, the outcome of every trial is determined by:

• Propositions of law, and

• Questions of fact.

D. Proof and Evidence

Evidence – the means to arrive at a conclusion. Under the Revised Rules of Court, evidence is defined as “the means,
sanctioned by the rules, for ascertainment in a judicial proceeding, the truth, respecting a matter of fact”.

Proof – the result of introducing evidence. The establishment of a requisite degree of belief in the mind of the judge as to
the facts in issue. It refers to the accumulation of evidence sufficient to persuade the trial court.

Quantum of evidence – the totality of evidence presented for consideration

Quantum of proof – refers to the degree of proof required in order to arrive at a conclusion.

Burden of evidence – the duty of a party of going forward with evidence.

Burden of proof – the duty of the affirmative to prove that which it alleges.

Variations on degrees of proof based on type of action:

1. Criminal Action – proof beyond reasonable doubt [that degree of proof which produces conviction in an unprejudiced
mind]
2. Civil Action – preponderance of evidence [evidence of greater weight or more convincing than that which is offered to
refute it]
3. Administrative Action – sufficiency of evidence [that amount of relevant evidence which a reasonable mind might
accept as adequate to justify a conclusion]

E. Exclusionary Rule. (Fruit of the poisonous tree doctrine)

Evidence ILLEGALLY OBTAINED are inadmissible for reasons of public policy. This is so because of the constitutional
requirement of due process. Due process has been defined as “the law that hears before it condemns, which proceeds upon
inquiry, and renders judgment only after fair trial”.

As a result, jurisprudence has evolved a rule that renders inadmissible any evidence obtained in an illegal search from being
introduced in trial.

F. Principle of Chain of Custody of Evidence

If the evidence is of a type which cannot be easily recognized or can readily be confused or tampered with, the proponent
of the object must present evidence of its chain of custody. The proponent need not negate all possibilities of substitution
or tampering in the chain of custody, but must show that:
The evidence is identified as the same object which was taken from the scene;
It was not tampered with, or that any alteration can be sufficiently explained (i.e. discoloration due to the application of
ninhydrine solution, etc.); and
The persons who have handled the evidence are known and may be examined in court with regard to the object.

II. GENERAL PROVISIONS:

A. Concepts of evidence:

1. It is a means of ascertainment – used to arrive at a legal conclusion

2. It is sanctioned by the rules of court – meaning, not excluded by the rules on relevancy and admissibility
3. It is used in a judicial proceeding – there is a jural conflict involving different rights asserted by different parties
4. It pertains to the truth respecting a matter of fact – evidence represents a “claim” either for the prosecution or for the
defense where issues (clashes of view) are present.

Admissibility of Evidence:

For evidence to be admissible, it must be:

1) relevant to the issue [relevancy test], and
2) not excluded by the law or rules of court [competency test].

Note: To determine the relevancy of any item of proof, the purpose for which it is sought to be introduced must first be
known (There must be a formal offer).

Test of relevancy of evidence:

Whether or not the factual information tendered for evaluation of the trial court would be helpful in the determination of
the factual issue that is disputed.

When is evidence relevant?

When it has a relation to the fact in issue as to induce belief in it’s:

1) existence, or
2) non-existence

In other words, evidence is relevant when it is:

1) material, and
2) has probative value

What is meant by “probative value”?

It is the tendency of the evidence to establish the proposition that it is offered to prove.

“Collateral Matters” not admissible except when it tend in any reasonable degree to establish probability or improbability
of the fact in issue.

Collateral matters – matters other than the fact in issue and which are offered as a basis for inference as to the existence or
non-existence of the facts in issue.

Collateral matters are classified into:

1. Antecedent circumstances – facts existing before the commission of the crime [i.e. hatred, bad moral character of the
offender, previous plan, conspiracy, etc.]
2. Concomitant circumstances – facts existing during the commission of the crime [i.e. opportunity, presence of the
accused at the scene of the crime, etc.]
3. Subsequent circumstances – facts existing after the commission of the crime [i.e. flight, extrajudicial admission to third
party, attempt to conceal effects of the crime, possession of stolen property, etc.]

Query: Is modus operandi an antecedent, concomitant or subsequent circumstance?

B. Judicial Notice, basis of:

Judicial notice is based on necessity and expediency. This is so because what is known need not be proved.

Different kinds of judicial notices:

1. mandatory
2. discretionary
3. hearing required

C. Confession and Admission, distinguished:

Confession – an acknowledgement of guilt.
Admission – an acknowledgment of facts.

Different kinds of confession/admission:

1. Judicial
2. Extrajudicial
3. Oral
4. Written
5. Voluntary
6. Forced

Different kinds of evidence:

1. Relevant evidence – evidence having any value in reason as tending
to prove any matter provable in an action.
2. Material evidence – evidence is material when it is directed to prove a
fact in issue as determined by the rules of substantive law and
pleadings.
3. Competent evidence – not excluded by law.
4. Direct evidence – proves the fact in issue without aid of inference
or presumptions.
5. Circumstantial evidence - the proof of fact or facts from which, taken either singly or collectively, the existence of
a particular fact in dispute
may be inferred as necessary or probable consequence.
6. Positive evidence – evidence which affirms a fact in issue.
7. Negative evidence - evidence which denies the existence of a fact
in issue.
8. Rebutting evidence – given to repel, counter act or disprove facts
given in evidence by the other party.
9. Primary/Best evidence – that which the law regards as affording
the greatest certainty.
10. Secondary evidence – that which indicates the existence of a
more original source of information.
11. Expert evidence – the testimony of one possessing knowledge
not usually acquired by other persons.
12. Prima facie evidence – evidence which can stand alone to support
a conviction unless rebutted.
13. Conclusive evidence – incontrovertible evidence
14. Cumulative evidence – additional evidence of the same kind bearing
on the same point.
15. Corroborative evidence – additional evidence of a different kind
and character tending to prove the same point as that of previously
offered evidence.
16. Character evidence – evidence of a person’s moral standing or
personality traits in a community based on reputation or opinion.
17. Demeanor evidence – the behavior of a witness on the witness stand
during trial to be considered by the judge on the issue of credibility.
18. Demonstrative evidence – evidence that has tangible and
exemplifying purpose.
19. Hearsay evidence – oral testimony or documentary evidence which
does not derive its value solely from the credit to be attached to the
witness himself.
20.Testimonial evidence – oral averments given in open court by
the witness.
21. Object/Auotoptic proferrence/Real evidence – those addressed to
the senses of the court (sight, hearing, smell, touch, taste).
22. Documentary evidence – those consisting of writing or any material
of written expression offered as proof of its contents.
containing letters, words, numbers, figures, symbols or other modes

Best Evidence Rule:

When the subject of the inquiry is the contents of a document, no evidence shall be admissible other than the original of
the document.

For exceptions, see Sec. 3, Rule 130, Revised Rules of Court.

A document is legally considered “Original” when:

1. It is the subject of an inquiry
2. When in two or more copies executed at or about the same time, with identical contents.
3. When an entry is repeated in ordinary course of business, one being copied from another at or near the time of the
transaction.

Question: May a “fake” document be considered as “original” or “authentic”?

Yes. A forged or spurious document when presented in court for examination is considered as the original fake/forged
document. Thus, a mere photocopy of the allegedly forged or spurious document is only secondary to the original
questioned document.

Secondary Evidence
When the original document has been:
1. lost,
2. destroyed, or
3. cannot be produced in court.

The offeror without bad faith must:

1. prove its execution or existence, and
2. prove the cause of its unavailability.

Secondary evidence may consist of:

1. a copy,
2. recital of its contents in some authentic document, or
3. by testimony of witnesses.

When original document is in the custody of:

1. adverse party – adverse party must have reasonable notice to produce it. After such notice and satisfactory proof of its
existence, he fails to produce it, secondary evidence may be presented.
2. public officer – contents may be proved by certified copy issued by the public officer in custody thereof.

III. TESTIMONIAL EVIDENCE:

Qualifications of witnesses:
1. can perceive
2. can make known their perception to others
3. not disqualified by reason of mental incapacity, immaturity, marriage, privileged communications, or “dead man’s
statute”.

“Res Inter Alios Acta” Rule

General Rule: The rights of a party cannot be prejudiced by an act, declaration, or omission of another.

Exception:
1. admission by a co-partner or agent
2. admission by a conspirator
3. admission by privies
4. admission by silence

In the above cases, the admission of one person is admissible as evidence against another.

Testimonial Knowledge:
General Rule: A witness can testify only to those facts which he knows of his personal knowledge; that is, which are derived
from his own perception. Any statement which derives its strength from another’s personal knowledge is hearsay, and is
therefore inadmissible.

Exceptions:
1. Dying declarations (ante-mortem statements)
2. Declaration against interest
3. Act or declaration about pedigree
4. Family reputation or tradition regarding pedigree
5. Common reputation
6. Part of the res gestae
7. Entries in the course of business
8. Entries in official records
9. Commercial lists and the like
10. Learned treatises
11. Testimony or deposition at a former proceeding
12. Examination of child victim/witness in cases of child abuse

IV. BURDEN OF PROOF AND PRESUMPTIONS:

Burden of proof – the duty of a party to present evidence on the facts in issue necessary to establish his claim or defense by
the amount of evidence required by law.

Presumption – an inference as to the existence of a fact not actually known, arising from its usual connection with another
which is known or a conjecture based on past experience as to what course human affairs ordinarily take.

2 kinds of presumptions:
1. Conclusive presumptions [jure et de jure] – based on rules of substantive law which cannot be overcome by evidence to
the contrary.
2. Disputable presumptions [prima facie presumptions, rebuttable presumptions] – based on procedural rules and may be
overcome by evidence to the contrary.

Kinds of Conclusive Presumptions:

1. Estoppel by record or judgment – the preclusion to deny the truth of matters set forth in a record, whether judicial or
legislative, and also deny the facts adjudicated by a court of competent jurisdiction (Salud v. CA, 233 SCRA 387).
2. Estoppel by deed – a bar which precludes a party to a deed and his privies from asserting as against the other and his
privies any right or title in derogation of the deed or denying the truth of any material fact asserted in it (Iriola v. Felices, 30
SCRA 202).
3. Estoppel in pais – based upon express representation or statements or upon positive acts or conduct. A party cannot, in
the course of litigation or in dealings in pais, be permitted to repudiate his representation or occupy inconsistent positions.
4. Estoppel against Tenant – the tenant is not permitted to deny the title of his landlord at the time of the commencement
of the relation of landlord and tenant between them.

Note: For Kinds of disputable presumptions, see Sec. 3, Rule 131 of the Revised Rules of Court.

Presentation of Evidence:
The examination of witnesses presented in a trial or hearing shall be done is open court, and under oath or affirmation.
Unless the witness is incapacitated to speak, or the question calls for a different mode of answer, the answer of the witness
shall be given orally.

Rights and Obligations of witnesses:

1. To be protected from irrelevant, improper, or insulting questions,
and from harsh or insulting demeanor.
2. Not to be detained longer than the interest of justice requires.
3. Not to be examined except only as to matters pertinent to the
issue.
4. Not to give an answer which will tend to subject him to a penalty
for an offense unless otherwise provided by law.
5. Not to give an answer which will tend to degrade his reputation,
unless it be to the very fact at issue or to the fact from which the fact in issue would be presumed,but a witness must
answer to the
facts of his previous final conviction for an offense.

Order of Examination of individual witnesses:

Direct examination by the proponent
Cross examination by the opponent
Re-direct examination by the proponent
Re-cross examination by the opponent

Direct examination – the examination in chief of a witness by the party presenting him on the facts relevant to the issue.
Cross examination – the examination by the adverse party of the witness as to any matter stated in the direct examination,
or connected therewith, with sufficient fullness and freedom from interest or bias, or the reverse, and to elicit all important
facts bearing upon the issue.

Re-direct examination – second questioning by the proponent to explain or supplement answers given in the cross
examination.
Re-cross examination – second questioning by the adverse party on matters stated on the re-direct and also on such
matters as may be allowed by court.

Different Types of Questions:

Leading questions –It is one where the answer is already supplied by the examiner into the mouth of the witness. [Ex. You
saw Jose killed Juan because you were present when it happened, didn’t you?]
Misleading question – a question which cannot be answered without making an unintended admission. [Ex. Do you still beat
your wife?]
Compound question – a question which calls for a single answer to more than one question. [Ex. Have you seen and heard
him?]
Argumentative question – a type of leading question which reflects the examiners interpretation of the facts. [Ex. Why were
you driving carelessly?]
Speculative question – a question which assumes a disputed fact not stated by the witness as true. [Ex. The victim cried in
pain, didn’t he?]
Conclusionary question – a question which asks for an opinion which the witness is not qualified or permitted to answer.
[Ex. Asking a high school drop-out whether the gun used is a Cal. 45 pistol or 9mm pistol]
Cumulative question – a question which has already been asked and answered.
Harassing/Embarrassing question – [Ex. Are you a homosexual?]

Classes of Documents:
Documents are either public or private.

Public documents are:

 1. The written official acts, or records of the official acts of sovereign authority, official bodies and tribunals, and public
officers, whether of the Philippines, or a foreign country.
2. Documents acknowledged before a notary public except last wills and testaments.
3. Public records (1) kept in the Philippines, or private documents (2) required by law to be entered therein.

All other writings are private.

SOME USEFUL LATIN TERMS AND LEGAL MAXIMS:

Verba legis non est decendendum – from the words of the law there can be no departure.

Dura lex sed lex – the law may be harsh but it is the law.

Ignorantia legis neminem excusat – ignorance of the law excuses no one.

Ignorantia facti excusat – mistake of fact excuses.

Praeter intentionem – different from that which was intended.

Error in personae – mistake in identity.

Abberatio Ictus – mistake in the blow

Nulum crimen, nulla poena sine lege – there is no crime when there is no law punishing the same.

Actus non facit reum, nisi mens sit rea – the act cannot be criminal where the mind is not criminal.

Actus mi invictu reus, nisi mens facit reum – an act done by me against my will is not my act.

Mens rea – guilty mind.

Actus reus – guilty act.

Res ipsa loquitor – the thing speaks for itself.

Causa Proxima – proximate cause which produced the immediate

effect.

Prima facie – at first glance.

Locus Criminis – scene of the crime or crime scene.

Pro Reo – principle in Criminal Law which states that where the statute admits of several interpretations, the one most
favorable to the accused shall be adopted.
Res Gestae – the thing itself.

Falsus in unum, falsus in omnibus – false in one part of the statement would render the entire statement false (note: this
maxim is not recognized in our jurisdiction).

Evidence - Definition of Terms

Admissible evidence - Evidence that is both relevant and
competent.

Admissions - Any statement of fact made by a party against his

interest or unfavorable to the conclusion for which he contends
or is inconsistent with the facts alleged by him.

Best Evidence Rule - When the subject of inquiry is the contents

of a document, no evidence shall be admissible other than the
original document itself.

Burden of Proof - Duty of a party to present evidence on the

facts in issue necessary to establish his claim/defense by the
amount required by law.

Child Witness - Any person who at the time of giving testimony

is less than 18 years old.

Circumstantial Evidence - Proof of fact/s from which, taken

singly/collectively, the existence of the particular fact in
dispute may be inferred as a necessary/probable consequence.
It is evidence of relevant collateral facts.

Collateral Matters - Matters other than the fact in issue and which
are offered as a basis for inference as to the existence or
non-existence of the facts in issue.

Competence - Evidence is not excluded by law or Rules of Court.

Conclusive Evidence - That class of evidence which the law does

not allow to be contradicted.

Confession - A categorical acknowledgment of guilt made by an

accused in a criminal case without any exculpatory statement
or explanation.

Corroborative Evidence - Additional evidence of a different

character to the same point.

Cumulative Evidence - Evidence of the same kind and to the

same state of facts.

Direct Evidence - Proves the fact in dispute without aid of any

inference or presumption.
Documentary Evidence : Writings or any material containing
letters, words, numbers, figures, symbols or other modes of
written expression offered as proof of their content.

Electronic Data Message - Information generated, sent, received

or stored by electronic, optical or similar means

Electronic Document - Information or the representation of

information/data/figures/symbols or other modes of written
expression described or however represented, by which a right
is established or an obligation extinguished, or by which a fact
may be proved and affirmed, which is received/recorded/
transmitted/stored/processed/retrieved/produced electronically.
It includes digitally signed documents and any print out or output,
readable by sight or other means, which accurately reflects the
electronic data message or electronic document.

Electronic Signature - Any distinctive mark, characteristic and/or

sound in electronic form, representing the identity of a person
and attached to or logically associated with the electronic data
message or electronic document or any methodology/
procedure employed/adopted by a person and executed/adopted
by such person with the intention of authenticating, signing or
approving an electronic data message or electronic document.

Ephemeral Electronic Communication - Refers to telephone

conversations, text messages, chatroom sessions, streaming
audio, streaming video and other electronic forms of
communication the evidence of which is not recorded/retained.

Extra Judicial Admission - Any admission other than judicial.

Factum probandum – ultimate fact or the fact sought to be

established.

Factum probans – evidentiary fact or the fact by which the factum probandum is
to be established.

Judicial Admissions - Admissions, verbal or written, made by

the party in the course of the proceedings in the same case.
It requires no proof.

Negative Evidence - When witness states that he did not see or

know of the occurrence of a fact (total disclaimer of personal
knowledge).

Object Evidence - Directly addressed to the senses of the court.

Also called real evidence.

Parol Evidence Rule - Any evidence aliunde, whether oral or

written, which is intended or tends to vary or contradict a
complete and enforceable agreement embodied in a
document.

Pedigree - Relationship, family genealogy, birth, marriage,

death, the dates when and the places where these fast
occurred, and the names of the relatives. It also embraces facts
of family history intimately connected with pedigree.

Positive Evidence - When a witness affirms that a fact did or did

not occur (there is personal knowledge).

Preponderance of Evidence - The evidence adduced by one

side is, as a whole, superior to or has greater weight than that
of the other. Where the evidence presented by one side is
insufficient to ascertain the claim, there is no
preponderance of evidence.

Prima Facie Evidence - That which, standing alone, is sufficient

to maintain the proposition affirmed.

Primary Evidence - (Best Evidence) - That which the law regards

as affording greatest certainty of the fact in question.

Proof Beyond Reasonable Doubt - That degree of proof which

produces conviction in an unprejudiced mind. It does not mean
such a degree of proof as, excluding the possibility of error,
produces absolute certainty. Only moral certainty is required
– that degree of proof which produces conviction in an
unprejudiced mind.

Relevance - Evidence has such a relation to the fact in issue as

to induce belief of its existence or non-existence.

Res Gestae - It literally means “Things done”.

1) Statements made by a person while a starting
occurrence is taking place or immediately prior
or subsequent thereto, with respect to the
circumstances thereof.
2) Statements accompanying an equivocal act
material to the issue, and giving it a legal
significance.

Res Inter Alios Acta - The rights of a party cannot be prejudiced

by an act/declaration/omission of another.

Secondary Evidence - (Substitutionary) - That which is inferior to

the primary evidence and is permitted by law only when the best
evidence is not available.

Substantial Evidence - The amount of relevant evidence which

a reasonable mind might accept as adequate to support a
conclusion.
Testimonial Evidence - Submitted to the court through the
testimony or deposition of a witness.

Criminal Jurisprudence Definition of Terms

Abandonment - a parent or guardian leaving a child without adequate supervision for the child's needs for an
excessive period.

Acquittal - a verdict after a trial that a defendant in a criminal case has not been proven guilty beyond reasonable
doubt of the crime charged.

Action - lawsuit brought by one or more individuals seeking redress for or prevention of a wrong or protection of a
right.

Actus reus - proof that a criminal act has occurred.

Adjudicated - settled in a court of law.

Adjudicated father - man determined by the court to be the father usually through a court action and genetic
testing.

Adjudication - giving or pronouncing a judgment or decree;also the judgment given.Decision made by a court or
administrative agency with respect to a case.

Administrative documentation - records such as case-related conversations, evidence receipts, description of

evidence packaging and seals, and other pertinent information.

Administrative review - an evaluation of the case report and supporting documentation for consistency with
laboratory policies, editorial correctness and compliance with the submission request.

Admissible - evidence that can be legally and properly introduced in a civil or criminal trial.

Adoption - legal proceeding in which an adult takes as his/her lawful child an individual usually a minor who is
not the adoptive parents or natural offspring.

Adversary system - trial methods in which opposing parties are given full opportunity to present and establish
their evidence and to test by cross-examination the evidence presented by their adversaries under established rules
of procedures before an impartial judge.

Affidavit - a sworn statement by a witness.

Affirmative defense - without denying the charge, defendant raises extenuating or mitigating circumstance such as
insanity, self-defense, or entrapment to avoid civil or criminal responsibility.

Affirmed - in the practice of the appellate court, the word means that the decree or order at issue is declared valid
and will stand as rendered in the lower court.

Amicus curiae - friend of the court, a person who petitions the court for permission to provide information to the
court on a matter of law that is in doubt or one who is not a party to a lawsuit but who is allowed to introduce
evidence, arguments or authority to protect one's interest.

Appeal - a request by the losing party in a lawsuit that the judgment be reviewed by a higher court.Request to a
higher court to change the decision of a trial court, usually appeals are made and decided on questions of law
only.Issues of fact are left to the trial judge discretion.

Arraignment - in a criminal case, the proceeding in which an accused person is brought before a judge to hear the
charges filed against him or her and to enter a plea of guilty or not guilty.

Arrest - process of taking a person into custody.

Assault - intentional display of force that would give the victim reason to fear or expect immediate bodily harm.

Attest - to bear witness; to affirm as true or genuine.

Attorney-at-law - an officer in a court of justice who is employed by a party in a case to manage it for him.

Bail - money or security given to secure a person's release from custody which is at risk should he/she
subsequently fail to appear before the court.

Bail bond - the obligation signed by the accused to secure his/her presence at the trial which he/she may lose by
not properly appearing for trial.

Bailiff - a court attendant who keeps order in the court room.

Bar - the term means the whole body of lawyer's.Historically, the partition separating the general public from the
space occupied by the judge's, lawyer's, and other participants in a trial.

Battered woman syndrome - a collection of symptoms that are manifest in women who have suffered prolonged
and extensive abuse from their spouses.

Beyond reasonable doubt - the standard in a criminal case requiring that court be satisfied to a moral certainty
that every element of a crime has been proven by the prosecution, all reasonable doubt are removed from the mind
of the ordinary person.

Bill of Particulars - a statement used to inform the defense of the specific occurrences intended to be investigated
in trial and to limit the course of evidence to the particular scope of the inquiry.An amplification of the pleading.

Booking - the process of photographing, fingerprinting, and recording identifying data of a suspect following
arrest.

Brief - a written statement prepared by one side in a lawsuit to explain to the court its view of the facts of a case
and the applicable law.

Brutalization - the proposition that the use of capital punishment actually increases the crime rate by sending a
message that it is acceptable to kill those who have wronged us.
Capital crime - a crime punishable by death.

Case law - law created as a by-product of a court decisions made in resolving unique disputes as distinguished
from statutory law.

Case records - all notes, reports, custody, records, charts, analytical data, and correspondence generated pertaining
to a particular case.

Caveat - a warning; a note of caution.

Certification - procedure by which a certifying body formally recognizes that a body or person complies with
given qualifications.

Chambers - a judge's private office.

Child abuse - act of commission that is not accidental and that harms or threatens to harm a child's physical or
mental health or welfare.

Child neglect - failure of a parent or other person legally responsible for a child's welfare to provide for the child's
basic needs and a proper level of care with respect to food, clothing, shelter, hygiene, medical attention , or
supervision.Child neglect is an act of omission.

Circumstantial evidence - that evidence that only suggests an association with a past occurrence.Any evidence in
a case for which an inference is needed to relate it to the crime.Not observed by an eyewitness.Fact from which
another fact can be reasonably inferred.

Civil commitment - the legal proceeding by which a person who is mentally ill and imminently dangerous is
involuntarily committed to a psychiatric hospital.

Closing argument - also known as final argument, attorney's final statement to the court summing up the case and
the points points proven as well as those points not proven by opposing counsel.

Common law - body of law based on judicial decisions (precedents or customs and usage) generally derived from
justice, reason and common sense rather than legislative enactments.

Competency - possession of characteristics that qualify a witness to observe, recall, and testify under oath;
personal qualification of the witness to give testimony which differs from the witness ability to tell the truth.

Complainant - the party who complain or sues, one who applies to the court for legal redress, also called the
plaintiff.

Concur - to agree with the judgment of another.When one court concurs with another, it agrees with or follows the
precedent set by that court's decision.

Concurrent sentence - sentences for more than one violation that are to be served at the same time rather that one
after the other.

Confession - an oral or written statement acknowledging guilt.

Consent search - exception to the requirement for a search warrant; written or oral permission is required from a
person with authority to give it.

Conspiracy - a combination of two or more person whose purpose is to commit unlawful or criminal act or to
commit a lawful act by criminal means.

Contempt of court - willful disobedience of a judge's command or of an official court order.

Continuance - court order that postpones legal action, such as a court hearing until later time.

Conviction - a judgment of guilt against a criminal defendant.

Corpus delicti - the proof that a crime has been committed, consisting of two components 1. that each element of
the crime be satisfied 2. that someone is responsible for inflicting the injury or loss sustained.
- Body of the crime.

Court martial - military tribunal that has jurisdiction over offenses against laws of the service in which the
member is engaged.Military status is not sufficient,the crime must be service connected.

Court order - directive issued by the court, and is enforceable as law; written command or directive given by the
judge.

Court of Appeals - a court that hears an appeal after a trial court has made a judgment.

Criminal prosecution - process that begins with the filing of charges against a person who has allegedly violated
criminal law and includes the arraignment and trial of the defendant.Criminal prosecution may result in fine,
restitution, imprisonment, or probation.

Cross-examination - the questioning of a witness produced by the other side.

Custody hearing - legal process, usually in family and juvenile court, to determine who has the right
Damages - money awarded by a court to a person injured by the unlawful act or negligence of another person.

Dauber test - a standard for determining the reliability of scientific expert testimony in court currently adopted by
many jurisdictions.Five factors are utilized to assess the scientific theory or technique testing of theory, use of
standards and control, peer review, error rate, and acceptability in the relevant scientific community.

Decision - the judgment reached or given by a court of law.

Default judgment - a decision of the court against the defendant because of failure to respond to a plaintiff's
action.

Defendant - in a civil case, the person being sued. In a criminal case, the person charged with a crime.

Deposition - oral or written testimony under oath but outside the court room.

Detention - temporary confinement of a person by a public authority.

Diminished capacity - a variation of the insanity defense that is applicable if the defendant lacks the ability to
meaningfully premeditate the crime.

Direct evidence - proof of facts by witnesses who saw acts done or heard words spoken as distinguished from
circumstantial or indirect evidence.Information offered by witnesses who testify about their own knowledge of the
facts.

Direct examination - the first questioning of witnesses by the party in whose behalf they are called.

Direct questions - queries that are phrased in a positive and confident manner, are stated clearly and address the
topic in a forthright manner.

Discovery - a pre-trial procedure by which one party can obtain vital facts and information material to the case to
assist in preparation for the trial.The purpose of discovery is to make for a fair trial and to allow each party to know
what document and information the opponents has in its possession.

Dismissal - action by the court that removes the court's jurisdiction over a given case.
Diversion - the process of removing some minor criminal, traffic or juvenile cases from the full judicial process on
the condition that the accused undergo some sort of rehabilitation or make restitution for damages.Diversion may
take place before the trial or its equivalent.

Docket - a list of cases to be heard by the court.

Double jeopardy - putting a person on trial more than once for the same crime.

Dying declaration - a statement made just prior to death with the knowledge of impending death.Also called ante-
Morten statement.
Element of a crime - specific factors that define a crime, every element of which the prosecution must prove
beyond a reasonable doubt in order to obtain a conviction.

Entrapment - an act by enforcement agencies that lures an individual into committing a crime not otherwise
contemplated for the purpose of prosecuting him/her.

Evidentiary standards - guidelines used in examining evidence to determine whether it has been legally collected
and whether it is factual and legally proves or is relevant to the case being heard.

Ex-parte order - an order issued by a judge on its own.

Exclusionary rule - the rules that defines whether evidence is admissible in a trial.

Exigent circumstances - exception to the requirement for a search warrant when there is no time to get a warrant
and failure to search will lead to destruction or concealment of evidence, injury to police or others, or escape of the
suspect.

Expert testimony - statements given to the court by witnesses with special skills or knowledge in some arts,
science, profession, or technical area.Experts educate the court by assisting it in understanding the evidence or in
determining an issue of fact.

Expert witness - a legal term used to describe a witness who by reason of his/her special technical training or
experience is permitted to express an opinion regarding the issue or a certain aspect of the issue that is involve in a
court action.

Expunge - to strike out, obliterate, or mark for deletion from the court record.

Extradition - the process by which one state surrenders to another state a person accused or convicted of a crime
in the other state.
Felony - a crime of a graver nature than a misdemeanor, usually punishable by imprisonment in a penitentiary for
more than a year or a substantial fine.

Fence - a person in the business of buying stolen goods, usually for resale; to buy or sale stolen goods.

Fraud - an intentional misrepresentation or deception employed to deprive another of property or a legal right or to
otherwise do them harm.

Frye standard - a set of standards set by the the court of appeals of the district of Columbia in 1923 in the U.S in
Frye vs. the United states.The standards in general define when a new scientific test should be admissible as
evidence in the court system.
Frye test - a test emphasizing that the subject of an expert witness's testimony must conform to a generally
accepted explanatory theory.
Gag order - a trial judge's order to attorney's and witnesses not to talk to the press about the case.

Gault decision - land mark U.S. Supreme Court decision affirming that juveniles are entitled to the same due
process rights as adults the right to counsel, the right to notice of the charges, the right to confront and cross-
examine a witness, the right to remain silent, and the right to subpoena witnesses in defense.
Habeas corpus - a writ that commands that a person be brought before a judge.A writ of habeas corpus is a legal
document that forces law enforcement authorities to produce a prisoner they are holding and to legally justify his
or her detention.

Hearing - judicial or legal examination of the issues of law and fact between the parties.

Hearsay - a statement made during a trial or hearing that is not based on the personal, first hand knowledge of the
witness.Statement made out of court and offered in court to support the truth of the facts asserted in the statement.

Hearsay rule - the regulation making a witness's statement inadmissible if it is not based on personal knowledge
unless it falls within certain exceptions.

Holographic document - any document completely written and signed by one person.A holographic may be
probated without anyone having witnessed its execution.

Hostile witness - a witness whose testimony is not favorable to the party who calls him or her as witness.
Immunity - grant by the court in which someone will not face prosecution in return for providing criminal
evidence.

Inadmissible evidence - the testimony/evidence that the judge rules as not proper and hence instructs its disregard.

Incompetency - lacking the physical, intellectual,or moral capacity or qualification to perform a required duty.

Indeterminate sentence - a sentence of imprisonment to a specified minimum and maximum period of time,
specifically authorized by statute, subject to termination by a parole board or or other authorized agency after the
prisoner has served the minimum term.

Infraction - a violation of law not punishable by imprisonment.Minor traffic offenses are generally considered
infractions.

Injunction - a preventive measure by which a court orders a party to refrain from doing a particular act.A
preliminary injunction is granted provisionally until a full hearing can be held to determine if it should be made
permanent.

Interrogatories - set of specialized questions sent by one attorney to another concerning requested information of
their respective clients relevant to the case.
Judgement - the final disposition of a case.

Judgement,default - default judgment is rendered because of the defendant's failure to answer or appear.

Judgement,summary - summary judgment is given on the basis of pleadings, affidavits, and exhibits presented
for the record without any need for a trial.It is used when there is no dispute as to the facts of the case and one
party is entitled to judgement as a matter of law.

Judicial review - authority of a court to review the official actions of other branches of government, also the
authority to declare unconstitutional the actions of other branches.

Jurisdiction - the nature and scope of a court's authority to hear or decide a case.Inherent power and authority of a
particular court to hear and determine cases.

Justice - fairness, providing outcomes to each party in line with what they deserve.

Juvenile - characteristic of youth, youth means under 18 years of age.

Juvenile court - a court which decides criminal charges brought against children under 18 years of age.

Leading question - a question that suggest the answer desired of a witness.A party generally may not ask one's
own witness leading questions, leading questions may be ask only of hostile witnesses and on cross-examination.

Legal custody - right and responsibility to make the decisions regarding the health, education and welfare of a
child/person.

Liable - responsible or answerable for some action.

Litigation - a case, controversy, or lawsuit.

Malfeasance - the commission of an unlawful, wrongful act; any wrongful conduct that affects, interrupts, or
interferes with the performance of official duties.

Malpractice - improper or unethical conduct by the holder of a professional or official position.

Mass murder - a murder incident in which several victims are killed simultaneously or within a relatively short
period of time in the same general area.

Miranda warning - requirements that police tells a suspect in their custody of his/her constitutional right before
they questions him.Result of the Miranda vs. Arizona ruling.Law enforcement procedure that forewarns suspects of
their right to remain silent when in police custody.Violation of this right makes the suspect's confession
inadmissible in evidence.

Misdemeanor - criminal offenses considered less serious than felonies.Misdemeanor are generally punishable by
fine or a limited local jail term in the local jail.

Mistrial - a trial that is terminated before its normal conclusion and declared invalid prior to judgment.

Mitigating circumstance - factors such as age, mental capacity, motivation, or duress which lessens the degree of
guilt in a criminal offense and thus the nature of the punishment.

M'naghten rule - the test applied for the defense of insanity.Under this test, an accused is not criminally
responsible if suffering from a mental disease or defect at the time of committing the act and not understanding the
nature and quality of the act or that what was done was wrong.

Moot - is one not subject to a judicial determination because it involves an abstract question or a pretended
controversy that has not yet actually arisen or has already passed.

Motion - an application for a rule or order, made to a court or judge.An application to the court requesting an order
or a rule in favor of the applicant.
Objection - the process by which one party takes exception to some statement or procedure.An objection is either
sustained or overruled by the judge.If the judge overrules the objection, the witness may answer the question.If the
judge sustain the objection, the witness may not answer the question.

Omnibus hearing - hearing held in criminal court to dispose of appropriate issues such as whether evidence is
admissible before trial so as to ensure a fair and expeditious trial and avoid a multiplicity of court appearances.

Opening statements - not part of the evidence, these orations made by the lawyers on each side gives an overview
of the evidence that will be presented during the trial.

Opinion - conclusion reported by a witness who qualified as an expert on a given subject.

Order - any written directive of a court or judge other than a judgment.

Order to show cause - order to appear in court and present reasons why a particular order should not be executed.

Overrule - judge's decision not to allow an objection.Decision by a higher court finding that a lower court
Pardon - a form of executive clemency removing or extinguishing criminal convictions.

Physical evidence - any tangible article that tends to prove or disprove a point in question.

Plain view - an exception to the requirement for a search warrant, when there is an evidence of a crime in plain
view by a person who sees it lawfully.

Plaintiff - the complaining party in litigation.

Plea - in a criminal proceeding, it is the defendant's declaration in open court that he or she is guilty or not
guilty.The defendant's answer to the charges made in the information.

Plea bargaining - the process through which an accused person and a prosecutor negotiate a mutually satisfactory
disposition of a case.

Preliminary hearing - in criminal law, the hearing at which a judge determines whether there is sufficient
evidence against a person charged with a crime to warrant holding him or her for trial.

Preponderance of evidence - the standard for a judgment in a civil suit, the evidence for one side outweighs that
of the other even a slight margin.

Presumption - an inference resulting from a rule of law or the proven existence of a fact that requires such rule or
action to be established in the action.

Pre-trial conference - a meeting between the judge and the lawyers involved in a lawsuit to narrow the issues in
the suit, agree on what will be presented at the trial and make a final effort to settle the case without trial.

Prima facie evidence - evidence that, in the judgment of the law, is good and sufficient to establish a given fact or
a chain of facts making up a party's claim or defense.If such evidence is unexplained or uncontradicted, it is
sufficient to obtain a favorable judgment for the issue it supports, may be contradicted by other evidence.

Probable cause - a reasonable ground for suspicion, supported by the circumstances sufficiently strong to justify
the issuance of a search warrant or to make an arrest.Reasonable ground for believing that a crime has been
committed or that the person committed the crime.
Prosecutor - a trial lawyer representing the government in a criminal case.

Protective custody - the confinement or guardianship of an individual by law enforcement with the objective of
preventing an assault or other crimes against him/her.

Public defender - (ex.PAO)government lawyer who provides free legal defense services to a poor person accused
of crime.

Putative father - a man accused but not proven to be the biological father of an offspring.
Quid pro Quo - something for something, as in making a deal (ex.plea bargaining)
Rape - sexual intercourse between a man and a woman without the women's consent.

Reasonable doubt - doubt that arises from evidence or lack thereof and would be entertained by a reasonable or
prudent person.Reasonable doubt requires acquittal.

Reasonable suspicion - a term referring to police officer's justification for stopping and frisking a person.A mere
hunch is not a reasonable suspicion.

Rebuttal - the presentation of evidence to counter or disprove facts previously introduced by the adverse party.

Recess - an adjournment of a trial or a hearing that is temporary and occurs after the commencement of the trial.If
there is going to be a substantial delay, it is called continuance.A temporary dismissal is called sine die.

Record - document that furnishes objective evidence of activities performed or results achieved.

Recross - to cross-examine a witness a second time after redirect examination.

Re-direct examination - opportunity to present rebuttal evidence after one's evidence has been subjected to cross-
examination.

Redirect questioning - questioning by the original attorney that follows the opposing counsel's cross-examination.

Release on recognizance - a court order releasing a defendant from custody on the defendant's written promise to
appear in court when the defendant's case is scheduled for hearing, trial or other proceeding.A defendant who is
released on recognizance is not required to deposit money or other property with the court in order to be released.

Res gestae - all of the things done or words spoken in the course of the transaction or event;A record of what was
said or done in the first moments of an investigation.

Rest - a party is said o have rest its case when it has presented all of the evidence in intends to offer.

Robbery - felonious taking of another's property from his person or immediate presence and against his will by
means of force or fear.

Rules of evidence - standards governing whether evidence in a civil or criminal case is admissible.
Search and seizure - the body of law that covers the issue of examining a persons property with the intention of
finding evidence not in plain view (search) and taking possession of that property against the will of its owner or
possessor (seizure)

Sentence - a court's determination of the punishment to be inflicted on a person convicted of a crime.

Sentencing - last stage of criminal prosecution in which a convicted defendant is imprisoned, fined, ordered to pay
restitution, or granted a conditional release from custody.

Sequestration of witnesses - also called separation of witnesses, prevents a witness from being influenced by the
testimony of a prior witness.

Statute of limitation - the time within which a lawsuit must be brought ot the time within which evidence must be
analyzed.

Stipulation - an agreement by both sides of a case about some aspect of a lawsuit or criminal trial.

Subpoena - a written command summoning a specific individual to appear in court under penalty for failure to do
so.

Subpoena duces tecum - a court order commanding a witness to bring certain documents or records to court.

Subrogation - substituting one creditor for another.

Summary judgment - decision made by a trial court based on written documentation submitted before any trials
occur.

Summons - a notice to the defendant that he/she has been sued and is required to appear in court.

Suppression hearing - a hearing before a judge, in which one of the attorney's argues that certain evidence should
not be admitted at trial.

Temporary restraining order - (TRO) a judge's order forbidding certain actions until a full hearing can be heard.

Testimony - evidence given by a witness under oath. does not include evidence from documents and other
physical evidence.

Trial - judicial examination and determination of issues of law and fact disputed by parties to lawsuit.

Trial court - local court that initially hears all cases in dispute.

Validation - confirmation by examination and provision of objective evidence that the particular requirements for
a specific intended use are fulfilled.

Venue - synonymous with the place of trial.

Wanton - characterized by reckless disregard of consequences and the safety and welfare of others.

Warrant - a court order authorizing law enforcement officers to make an arrest or conduct a search.

Warrant of Arrest - an order issued by a judge for the arrest of a person.

Witness - one who testifies to what he/she has seen, heard, or otherwise experienced.

Writ - a mandatory precept issued by an authority in the name of the sovereign or the state for the purpose of
compelling a person to do something.