evidence

Get Instant Legal Answers - Free AI Legal Help
Join thousands of Australians each month using LawConnect’s AI assistant for fast, personalised legal information. No waiting. No cost. Start now.
Ask Your Question Now
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.

View More On Wikipedia.org
  1. H

    QLD Evidence - messages

    Drug supply charge - witness statement by police officer states he observed messages which detail drug supply l, however, there are no copies of these messages in the full brief of evidence. Does prosecution need to disclose these messages or can they rely solely on police officers statement?
  2. R

    NSW Why is Australian law so different from German case law—is it because certain evidence is simply not admissible?

    My lawyer Jack Lucas from Canberra wrotes the following to me : You should understand one thing that the rule of court in Germany is not the same in Australia court Now the first request makes me look stupid before the judge now you came up with another one again This makes no sense because...
  3. M

    NSW Hearing adjourned - do I need to resubpoena witnesses to give evidence?

    That's it really. The witnesses turned up on the day but the hearing got adjourned, only because the magistrate was off sick and they ran out of time. Do I need to ask the registrar to issue new subpoenas to give evidence on these 2 witnesses?
  4. M

    NSW Objection to affidavit evidence

    Good afternoon, I’m in need of some advice and going around in circles. I am a self represented applicant in a general protections dismissal case. We have had first directions hearing where we were ordered to file and serve affidavits. I filed and affidavit and the respondent filed an affidavit...
  5. Wallabymince

    TAS Disclosure of evidence post-trial

    Are there rules for disclosure of evidence post trial from the police? I was unable to obtain disclosure of the evidence before trial due to personal circumstances. However, the evidence presented in court by police was used to mislead the judge and was taken out of context. Am I able to gain...
  6. Hellomyonlyfriend

    NSW Can police add additional evidence mid hearing?

    Can police add additional material mid hearing during adjournments? Jurisdiction: NSW Seems unfair?
  7. X

    QLD Is employer entitled to see all relevant evidence or allegations made by employee in a WHnS incident report form?

    During the senior management meeting, a worker brought up allegations against an employer. The WH&S representative stated that in addition to an investigation and resolution of the accusation, an incident report based on the claims needed to be completed. Nevertheless, despite numerous requests...
  8. S

    VIC IVO rules of evidence

    I am the respondent to an IVO which is set for mention next week. I plan to contest as like a lot of people on here, I’m currently going through the Family court to get more time with my child and they allegations are BS. My ex applied for an ex parte order and stated in her application that she...
  9. P

    WA dashcams for evidence

    Hi all, I can't stress this enough. If you don't have a dashcam already get one. I have had 2 false RTA charges over the years in W.A. If I had a dashcam I could have proved my innocence. Also useful in a traffic accident to show who was in the wrong. The first one was a false speeding charge...
  10. Hellomyonlyfriend

    NSW Brief of evidence and Police Statements

    If police statement is not in brief before hearing starts (it got adjourned) can the police still give evidence in chief?