TYPES of EVIDENCE

Judicial or Extrajudicial
Extajudicial Evidence
Also known as extralegal or incompetent evidence
Incompetent = not admissible in court
Used to satisfy persons about the facts requiring proof of any situation OTHER THAN a
legal proceeding and is subject only to the usual tests of evidence.
Judicial Evidence
Also known as legal or competent evidence
Admissible in court
Must satisfy NOT ONLY the usual tests of evidence but ALSO the various rules of legal
evidence.
Primary or Secondary Evidence
Primary Evidence
The best evidence that the circumstances admit.
It affords the greatest certainty of the matter in question; and it is ORIGINAL or
FIRSTHAND evidence.
Stronger than the secondary evidence because there is less possibility of error.
Secondary Evidence
The evidence that falls short of the standard of primary evidence and it
suggests that there is better evidence of the matter in question.
Weaker than primary evidence because it does not derive the value solely from
the credibility of the witness, but rests largely on the veracity and competence
of others.
Written or Unwritten Evidence
Written Evidence
evidence supplied by WRITINGS of all kinds: books, newspapers, and
magazines, as well as less frequently used types of writings such as
roman numerals carved on the cornerstone of a building.
Outside the courtroom, it is generally given greater weight than oral
evidence because it is easier to substantiate.
Unwritten Evidence
Includes both oral testimonies and objects offered for personal
inspection.
 Resolve That: Medical Marijuana enhances emotional
stability of patients diagnosed with depression
Negative: Last weekend, I had the opportunity to speak privately with the Secretary of
Health and he said that Medical Marijuana does not have any benefits as to emotional
state of patients who are suffering from depression. That it actually does more harm
than good. And patients who signed for tests have not shown positive results.

Affirmative: We cannot ascertain the accuracy of the statement of the negative as to

what the Secretary of Health has said on the matter. However, we have a record of the
Secretarys opinion on this subject as published in column in the Philippine Inquirer
issued last Sunday, here, he said that Medical Marijuana may be a solution for people
suffering from depression. He added that while it is still under study and extensive
research, we may, more likely, have a positive finding as the study progresses with signs
of hope within reach.
Real or Personal Evidence
Real Evidence
Objects placed on view or under inspection.
Personal Evidence
Evidence furnished by persons, and it may be in form of oral or
written testimony.
Credibility depends in large part upon the competence and honesty
we attribute to the person providing the testimony.
Lay or Expert Evidence
Lay Evidence
Provided by persons without any special training, knowledge, or experience in the matter
under consideration.
Useful in areas that do not require special qualifications.
IN GENERAL, the courts allow laypersons to testify on matters of fact
Expert Evidence
Provided by persons with special training, knowledge, or experience in the matter under
consideration.
In courts, expert testimony is permitted only when the inference to be drawn requires
something more than the equipment of everyday experience.
Special competence of experts must be established.
Argument from authority used only when a matter at issue cannot be established by
other evidence
Expert Evidence cont. (Scientific
Study)
A scientific study is a form of expert evidence.
It does not only provide opinions but also presents the facts
(observations/data) on which the opinions are based.
It does not only provide facts but also with an explanation of how the
observations were made.
It does not only provide statistics but also with an expert
interpretation of that statistics.
It has more weight, it is more conclusive and more credible.
Expert Evidence cont. (Scientific
Study)
The person introducing a study must give:
Standard or Warrant for the credibility of the study
Extent of proof necessary for such warrant:
1. The controversial nature of the studys conclusion,
2. The existence of counterstudies, and
3. The importance or controversy of the policy claim.

The person challenging a study may indict through (in order of persuasive power)
Counterstudies disprove
The study is flawed specific indictments by experts
The study is flawed general indictments by experts
The study is flawed specific indictments by the debater
General indictments by the debater
Prearranged or Casual Evidence
Prearranged Evidence
Created for the specific purpose of recording certain information for possible future
reference.
Valuable because it is usually created near the time that the event in question took
place; and since it is intended for future reference, it is usually prepared with care.
FLAW: Since it is arranged, it may be subject to the influence of those arranging it.
Casual Evidence
Created without any effort of being made to create it and is not designed for
possible future reference.
Valuable because the party concerned did nothing to create the evidence.
Negative Evidence
Negative Evidence
The absence of evidence that might reasonably be expected to be
found were the issue in question true.
Must be introduced into an argument with care; advocates should
claim negative evidence only when they are certain that there is an
absence of the evidence in question
Example: If a name of a student cannot be found in an official list of
graduates, this absence of evidence is negative evidence that he did
not graduate.
Evidence Aliunde
Evidence Aliunde
Also known as extraneous or adminiculary evidence
Used to explain or clarify other evidence in instances when the
meaning or significance of evidence is not apparent upon the
presentation of an evidence.