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.