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Best Evidence Rule - is that rule which requires the highest grade of
evidence obtainable to prove a disputed fact.
Conclusive Evidence - the class of evidence which the law does not allow
to be contradicted.
Confession - categorical acknowledgement of guilt made by an accused
in a criminal case, without any exculpatory statement or explanation.
If the accused admits having committed the act in question but alleges
a justification therefore, the same is merely an admission.
Direct Evidence - that which proves the fact in dispute without the
aid of any inference or presumption.
Facts In Issue - are those facts which the plaintiff must prove in order
to establish his claim and those facts which the defendant must prove
in order to establish a defense set up by him, but only when the fact
alleged by the one party is not admitted by the other party.
Facts Relevant To The Issue - are those facts which render the probable
existence or non-existence of a fact in issue, or some other relevant
fact.
Factum Probans - is the evidentiary fact or the fact by which the factum
probandum is to be established. Materials which establish the proposition.
Hearsay Rule - Any evidence, whether oral or documentary is hearsay if
its probative value is not based on the personal knowledge of the
witness but on the knowledge of some other person not on the witnessstand.
Implied Admissions - are those which may be inferred from the acts,
declarations or omission of a party. Therefore, an admission may be
implied from conduct, statement of silence of a party.
Judicial Notice - no more than that the court will bring to its aid
and consider, without proof of the facts, its knowledge of those
matters of public concern which are known by all well-informed
persons.
- cognizance of certain facts which judges may take
and act on without proof because they are already known to them.
Negative Evidence - when the witness did not see or know of the occurrence
of a fact. There is a total disclaimer of persona knowledge, hence without
any representation or disavowal that the fact in question could or could
not have existed or happened. It is admissible only if it tends to
contradict positive evidence of the other side or would tend to exclude
the existence of fact sworn to by the other side.
Positive Evidence - when the witness affirms that a fact did or did not
occur. Entitled to a greater weight since the witness represents of his
personal knowledge the presence or absence of a fact.
Primary Evidence - that which the law regards as affording the greatest
certainty of the fact in question. Also referred to as the best evidence.