EVIDENCE

Objectives:
At the end of the lesson, students should be able to:

A. Distinguish between evidence and proof

B. Discuss the application of evidence in courts of law and in general

argumentation
C. Describe the types of evidence used in general argumentation; and

D. Describe the types of evidence usually used in courts of law

The Meaning of Evidence and Proof
Proof
● The most important element in debating
● The means of securing belief
● Effectiveness of proof can tell whether a debate is good
or bad
► reasoning + evidence = proof
Evidence
● Effect/result/conclusion produced by evidence
● Foundation of every argument
● Basis upon which the entire proof structure is built
● Facts that supports reasoning
● Used to prove one’s contention
● Medium or means whereby facts are established
Evidence in Courts of Law and in
General Argumentation
Evidence in court of law is better treated, analyzed and studied than in general
argumentation, simply because the main concern of a court is the administration of justice
which demands the ascertainment of the truth in order that the law may be justly justified.

Two tests are applied whenever a piece of evidence is used in a court of law:

Test or rule of legal admissibility :

► The first test, this determines whether the rules of the court permit introduction of the
evidence in the trial; whether or not the rules set forth in the “law of evidence” have been
satisfied.

Logical sufficiency and relevancy:

► The second test, this determines whether the evidence is likely to be believed by men in
general and whether it is pertinent or applicable to the purpose for which it is presented.
 Types of Evidence
Used in General Argumentation
● Examples/Instances
● Statistics
● Statements by Authorities
● Illustrations
Used in Courts of Law
● Direct and Indirect Evidence
● Real and Personal Evidence
● Documentary and Testimonial Evidence
● Original and Unoriginal Evidence
● Primary and Secondary Evidence
● Ordinary and Expert Evidence
● Preappointed and Casual Evidence
● Positive and Negative Evidence
Types of Evidence Used in
General Argumentation
(1) Examples or Instances
Refer to certain facts or conclusions that may hold true at some
other time and place under certain conditions

● If a debater can provide their listener an example or instance in which

certain fact holds true, the listener is most likely to believe that the
same fact will hold true in other similar situations.

With the use of examples and instances, it can help change the
audience’s decision and accept the argument,
To further understand:
➔ Suppose that in a debate on a change from the presidential to the

parliamentary form of government, the debater is trying to convince his

audience that the parliamentary form of government eliminates the
occurrence of graft and corruption.

◆ To support his argument, he must cite examples such as:

● Great Britain, Canada, Japan, etc.

The use of the given examples can cause the audience to accept the
debater’s conclusion on which the parliamentary form of government
eliminates the occurrence of graft and corruption.
3 Rules
Important in Using Examples/Instances

1. Several examples leading to the same general conclusion should be

used
2. As far as possible, use examples which are already known to the
listener
3. The examples should be typical
 (2) Statistics
Consists of tabulated numerical figures developed from
a collection of a great number of examples presented
as a group

Only includes figures which represents tabulations of

examples or instances

Often presented in percentages (%)

Example:

A debate on the abolition of lotto; a debater trying to

convince the audience that the demand for abolition is
overwhelming; 80% of the respondents are in favor of
terminating the lotto operation
https://images.app.goo.gl/zeZ1k9cjmwavVuEu6
https://images.app.goo.gl/qTJt9ivtUfV8oJhLA
https://images.app.goo.gl/jreJmQMLNLnePaaP9
4 Rules
Important to be Followed in Using Statistics as Evidence

1. Avoid the use of too many sets of figures

2. Figures usually should be presented in round number
3. Be conservative in interpreting statistics; avoid the tendency to
exaggerate
4. Use comparisons with things known to and understood by your
listeners
(3) Statements by Authorities
Type of evidence which consists of statements by prominent authorities
related to the point at issue
- very effective when used in connection with other forms of evidence

Statements by Authorities fall into two general classes:

1. Statement as to facts - made usually by government departments,
authoritative research organizations, or recognized publications (e.g.
encyclopedias or year books)
- examples: examples, statistics, illustrations

2. Used independently as separate form of evidence - statements of opinions

taken usually taken from statements of individual authorities, and sometimes
from reports of government investigating committees or of private research
organizations
(4) Illustrations
An imaginative example showing how the idea works or how would it
work in practice

Illustration varies in different fields as long as it supports the idea

Giving a vivid picture of one man’s experience

Depends for its effectiveness on the vividness and reality of the picture it
gives the listener
3 Rules
That will Aid in Making the Illustration Clear and Vivid:

1. To the greatest degree possible, the illustration should make use of

everyday experiences of the listener
2. Give enough details to make the picture complete
3. Use some elements in the illustration that will make the listener
remember it
Conclusion on Types of Evidence used in
General Argumentation
The debater must bear in mind that except for examples, the types of
evidence discussed are only appropriate when the type of debate used is
Oxford-Oregon

Matter - consists or arguments and examples used by either side

Manner - style in which matter is introduced

Method - refers to the effectiveness, organization and structure and

presentation of each individual speech.
Types of Evidence Used in
Courts of Law
(1) Direct and Indirect Evidence
Direct Evidence
● The one that tends to show the existence of a fact in question without
the necessary of any inference, presumption, or intervention of the proof
of any other fact.

Indirect Evidence
● The one that tends to show the existence of a fact in question by
proving another fact or other facts from which the facts in
question may be inferred.
(2) Real and Personal Evidence
Real Evidence
● Furnished by objects placed on view or under inspection.
● It speaks for itself and is “the most trustworthy type of evidence.”
● In the courtroom, it may consist of shoes, wounds, scars, and
bullets, or weapons.

Personal Evidence
● Furnished by persons
● May be in the form of oral or written discourse or by voluntary signs
for communicating thought.
(3) Documentary and Testimonial
Evidence
Documentary Evidence
● Supplied by written instruments, or derived from symbols
● Main sources are documents like public records or private writings
► Example: contracts, certificates, pictures, minutes
Testimonial Evidence
● Derived from oral statements given in courts by witnesses or the disposition
by the one who has observed which he is testifying or the one who is
qualified to testify even though he has not observed the facts.
 (4) Original and Unoriginal Evidence
Original Evidence
● Derived from the witness’ own knowledge, therefore has a probative force of its own.
● May also fall under direct, circumstantial, testimonial, or personal evidence, depending
upon its essential nature.

Unoriginal Evidence
● Hearsay, derivative or transmitted, or secondhand evidence
● From the witness’ personal knowledge but from the information given to him by another
person
● To prove something seen or heard, the court usually calls a witness, a person who
actually seen or heard that thing; not anyone who says that another person saw or heart
it
● Most common exception: Ante-mortem declaration, pedigree cases
(5) Primary and Secondary Evidence
Primary Evidence (Best Evidence)
● Most reliable proof of its existence and its contents
► Example: a copy of deed is not the best evidence; the deed itself is better

Secondary Evidence
● One that falls short of the standard of primary evidence, since by its nature
suggests that there is better evidence of the matter in question
● Inferior compared to a primary evidence
► Example: a photocopy or a xeroxed copy of a deed
 Best Evidence Rule
● Secondary evidence is essentially weak and is generally
inadmissible in courts of law

Most Common Expectations

A. the best evidence is in the hands of the adversary who refuses to
produce it despite a notice to do so
B. if the judge is satisfied that the best evidence has been lost,
stolen, or destroyed
(6) Ordinary and Expert Evidence
Ordinary Evidence (Lay Evidence)
● Provided by persons without special training, knowledge, or experience in the
matter under consideration
● Limited to what they see, smell, hear, taste, or touch

Expert Evidence
● Witness whose special skill is required in the interpretation of the fact in dispute
● Courts insist the special competence of experts should be established before they
are allowed to offer opinion evidence
(7) Preappointed and Casual Evidence
Preappointed or Prearranged Evidence
● Is one that is created for the specific purpose of recording certain information for
possible future reference.
● It is something prepared or preserved in anticipation of an assertion of defense of a
right.

Casual Evidence
● Is one that is created without any effort being made to create it and is not
designed for possible future reference.
● It is not created to enforce an obligation or to protect a right. It is totally
undesigned.
(8) Positive and Negative Evidence
Positive Evidence
● Is one that is furnished by anything that can actually attest to the
occurrence of a fact in dispute.

Negative Evidence
● Is the absence of evidence that might reasonably be expected to
be found were the issue in question true.
Works Cited
Jasul, V., & Seril, E. (n.d.). Effective Argumentation and Debate.