evidence

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Evidence, broadly construed, is anything presented in support of an assertion, because evident things are undoubted. There are two kind of evidence: intellectual evidence (the obvious, the evident) and empirical evidence (proofs).
The mentioned support may be strong or weak. The strongest type of evidence is that which provides direct proof of the truth of an assertion. At the other extreme is evidence that is merely consistent with an assertion but does not rule out other, contradictory assertions, as in circumstantial evidence.
In law, rules of evidence govern the types of evidence that are admissible in a legal proceeding. Types of legal evidence include testimony, documentary evidence, and physical evidence. The parts of a legal case which are not in controversy are known, in general, as the "facts of the case." Beyond any facts that are undisputed, a judge or jury is usually tasked with being a trier of fact for the other issues of a case. Evidence and rules are used to decide questions of fact that are disputed, some of which may be determined by the legal burden of proof relevant to the case. Evidence in certain cases (e.g. capital crimes) must be more compelling than in other situations (e.g. minor civil disputes), which drastically affects the quality and quantity of evidence necessary to decide a case.
Scientific evidence consists of observations and experimental results that serve to support, refute, or modify a scientific hypothesis or theory, when collected and interpreted in accordance with the scientific method.
In philosophy, the study of evidence is closely tied to epistemology, which considers the nature of knowledge and how it can be acquired.

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  1. Ian Curtis

    Wayback Machine as Evidence of Historical Internet Content

    I found an article about a Federal Court test case from a couple of years ago about this matter. Although an exception was made in this case, "there is no guarantee that evidence from the Wayback Machine will be admissible and accepted as reliable in Court." Historical web pages are one thing...
  2. M

    QLD No Brief of Evidence

    My 14 year old son has been charged with 4 counts of indecent dealing with a child under 16. He has pleaded not guilty. When the CPU came to discuss the allegations with the complainant (our 13 year old daughter) they ended up seizing my sons phone, ipad and PC. We tried to get them back after...
  3. N

    NSW Final hearing child access affidavits evidence

    Hi all, Final hearing on a child access issue is still almost a year off but just ahd a couple questions about evidence/affidavits rellied on at final hearing. While I understand you prepare another affidavit before final hearing and a case outline my question is can all affidavits lodged from...
  4. T

    Question about blood specimen testing & how long prosecution can take to deliver as evidence

    Firstly, I made some very poor judgement. I was using my phone and crashed into a sign on a traffic island on February 6th. When police attended, they asked for an explanation and I was honest in my response: I was reading a message on my phone. They breath tested me and I blew under the .05...
  5. J

    NSW When are Avo Statment tendered as evidence?

    Are Avo statements tendered as evidence: A.) on the date of the Directions Order stating the date witness statements must be filed with the court; or B.) The date of the Avo hearing? Essententially when can the other party rely on the statements that have been made by the other party and use...
  6. E

    QLD Would driving someone's car regularly be evidence of a relationship

    Hi guys, My ex cheated on me and left me for a guy who was being accused of molesting his own daughter, he has been subsequently convicted and sentenced to 6 years jail with possibility of parole in three, my ex has been causing me issues with a dvo and a breach which I am about to fight. Anyway...
  7. K

    Evidence in re-examination of own witness in criminal trial NSW

    Hypothetical question: B was driving a car and hit C at traffic lights. A is the prosecutions witness. In A's testimony: says that B went through a red light and hit C. In cross-examination by defence: A's out of court statement says B went through a green light and hit C. In re-examination...
  8. B

    Do I attach the annexures/supporting evidence to affidavit initiating application?

    Hi, I've finalized my affidavit for an initiating application and I have a number of attachments/Annexures as supporting documents referred to in this (which are screenshots of text messages, photographs etc). Do I attached these and lodge these as one file with the affidavit? Also, do all...
  9. P

    NSW Covert recording of video chat between myself and my kids

    Hi there, If I record a video chat between my minor children and myself without their permission, for use as evidence in a family law case (of them relating well to me), what are some reasons it could be deemed inadmissible by the judge ? I understand it is perfectly legal for me to record...
  10. J

    QLD Evidence, mobile phone messages

    Hi All I am switching mobile phones and have a lot of txt messages that are relevant to a civil case I expect to deal with in the future. What is the best way to preserve messages for court? Are screenshots adequate to preverved messages or should another method be employed? Thankyou.