MEMBERS:

BANDISA, GEOVANI L.

CHAPTER VI: EVIDENCE

WHAT IS EVIDENCE?

Evidence is the raw material of argumentation. It consists of facts, opinions, and objects that are used to
generate proof.

I. EVIDENCE MAY BE CLASSIFIED AS:

A. DIRECT EVIDENCE- is evidence that tends to show the existence of a fact in question without the
intervention of the proof of any other fact.

B. PRESUMPTIVE EVIDENCE- is evidence that tends to show the existence of a fact in question by
proving other, related facts— facts from which the fact in question may be inferred.

II. SOURCES OF EVIDENCE

A. JUDICIAL NOTICE- is the quickest, simplest, and easiest way of introducing evidence into an
argument.

1. THE EVIDENCE MUST BE INTRODUCED- Advocates cannot expect those who render the
decision to build a case for them; they cannot plead, “But I thought everybody knew that.” If
certain evidence is important to an understanding of the case, then the advocate must
introduce that evidence.

2. THE EVIDENCE MUST BE WELL KNOWN- The instrument of judicial notice may be used only
for those matters that are truly common knowledge.

3. THE EVIDENCE MAY BE REFUTED- Evidence offered by judicial notice is usually presented in
the expectation that it will be accepted without question by the opposition.

B. PUBLIC RECORDS- are often used as a source of evidence. On many matters they are the most
important evidence, because private individuals or organizations lack the authority or resources
to assemble much of the evidence that can be found only in public records.
C. PUBLIC WRITINGS- another frequently used source of evidence, include all written material,
other than public records, made available to the general public.
D. PRIVATE WRITINGS- include all written material prepared for private rather than public use.
Some private writings are designed to become public records at a later date.
E. TESTIMONY OF WITNESSES- the testimony of witnesses is one of the most common sources of
evidence. Testimony in court or before a governmental body is usually given under oath and is
subject to penalties for perjury or contempt.
F. PERSONAL INSPECTION- When personal inspection is used as a source of evidence, something is
presented for examination to the persons rendering the decision.

III. TYPES OF EVIDENCE

A. JUDICIAL OR EXTRAJUDICIAL EVIDENCE

• JUDICIAL EVIDENCE- also known as “legal” or “competent” evidence, is evidence that is

admissible in court. Such evidence must satisfy not only the usual tests of evidence but also the
various technical rules of legal evidence.

• EXTRAJUDICIAL EVIDENCE- also known as “extralegal” or “incompetent” evidence. The word

incompetent has no negative connotation when used in this sense, but merely means “not
admissible in court”; such evidence may be used outside the court.

B. PRIMARY OR SECONDARY EVIDENCE

• PRIMARY EVIDENCE- is the best evidence that the circumstances admit. It affords the greatest
certainty of the matter in question, and it is original or firsthand evidence.

• SECONDARY EVIDENCE- is evidence that falls short of this standard, because by its nature it
suggests there is better evidence of the matter in question.

C. WRITTEN OR UNWRITTEN EVIDENCE

• WRITTEN EVIDENCE- is evidence supplied by writings of all kinds: books, newspapers, and
magazines, as well as less frequently used types of writing, such as Roman numerals carved on
the cornerstone of a building.

• UNWRITTEN EVIDENCE- includes both oral testimony and objects offered for personal
inspection.

 In arguments outside the courtroom, written evidence generally is given greater weight than
oral evidence, because it is easier to substantiate.

D. REAL OR PERSONAL EVIDENCE

• REAL EVIDENCE- is furnished by objects placed on view or under inspection. In the courtroom
real evidence may consist of fingerprints, scars, or weapons.

• PERSONAL EVIDENCE- is evidence furnished by persons, and it may be in the form of oral or
written testimony. The credibility we attach to personal evidence depends in large part on the
competence and honesty we attribute to the person providing the testimony.

E. LAY OR EXPERT EVIDENCE

• LAY EVIDENCE- is provided by persons without any special training, knowledge, or experience in
the matter under consideration. Such evidence is useful in areas that do not require special
qualifications.

• EXPERT EVIDENCE- is evidence provided by persons with special training, knowledge, or

experience in the matter under consideration. In the courtroom expert testimony is permitted
only when the inference to be drawn requires something more than mere everyday experience.

F. PREARRANGED OR CASUAL EVIDENCE

• PREARRANGED EVIDENCE- is created for the specific purpose of recording certain information
for possible future reference.

• CASUAL EVIDENCE is created without any effort being made to create it and is not designed for
possible future reference.

G. NEGATIVE EVIDENCE

-is the absence of evidence that might reasonably be expected to be found were the issue in
question true.

H. EVIDENCE ALIUNDE

-also known as “extraneous” or “adminicular” evidence, explains or clarifies other evidence.

Often the meaning or significance of evidence is not apparent on the presentation of the evidence;
therefore, that evidence must be explained by the presentation of other evidence.

I. ALTERNATIVE FORMS OF EVIDENCE

-If the development of argumentation is considered outside the traditional logical construct,
importance of emotional content and alternative viewpoints may become relevant. Classroom and
tournament debaters derive most of their evidence from published sources. These sources
represent well-educated experts from academe, particular content fields, government, and other
privileged positions.

IV. THE PROBATIVE FORCE OF EVIDENCE

A. PARTIAL PROOF- is used to establish a detached fact in a series of facts tending to support the
issue in dispute. In debating the proposition of “guaranteed annual wages,” affirmative debaters
sometimes sought to introduce evidence of seasonal fluctuations in employment as partial
evidence in support of their need issue.

B. CORROBORATIVE PROOF- also known as “cumulative” or “additional” proof, is strengthening or

confirming evidence of a different character in support of the same fact or proposition.

C. INDISPENSABLE PROOF- is evidence without which a particular issue cannot be proved. In

courtroom debates it is relatively easy to identify indispensable evidence.

D. CONCLUSIVE PROOF- is evidence that is incontrovertible, either because the law will not permit
it to be contradicted or because it is strong and convincing enough to override all evidence to
the contrary and to establish the proposition beyond reasonable doubt.