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. B

    NSW Form to adduce new evidence district court.

    Hi I'm self representing in a criminal matter and appealing in the Sydney district court. I need to adduce fresh evidence but cannot locate a notice of motion template to know how to properly do the notice of motion. I have no issues doing the affidavit but stuck on trying to create the...
  2. O

    SA info. entitled to after summons?

    having just received a summons(amended ? )to appear that the cops thought it ok to attend my mums retirement village & leave with her ! ( another issue altogether ), if i do attend I want to have been given all relevent documentation I'm entitled to. Therefore if contacting Police Prosecution...
  3. A

    NSW Can a decision by another tribunal or court in Australia be used as evidence at NCAT?

    I received a contrary decision on a particular matter at a tribunal which relied on false and incorrect information. That decision and the reasons for that decision are now partly being used by an applicant in another and completely separate tribunal as their evidence and to support their claim...
  4. G

    NSW Evidence of Abuse On Childs Ipad Admissable?

    Guten morgan, I was looking through my child's tablet yesterday and was looking at her google photos and found several videos of my ex beating them. Now the account that is logged in is my ex's, though I did not have to enter in any password as it was already logged on, I just opened the...
  5. bangalay8

    Overdue brief of evidence

    My brief of evidence was supposed to be served today but no dice. I'm not keen on the police having more time to prepare a case against me, I'm not guilty and without being arrogant both of us know I'm not guilty and it was a bad arrest so I don't want them having any advantage of time to...
  6. id83

    SA aggravated assault false claim

    I have been charged with aggravated assault. There is no evidence. she claims i tried to choke her, i was remanded in custody and release on bail after 5 weeks in remand. The police put a interim intervention order in place. My children are not on the order and it says i can contact her via sms...
  7. 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...
  8. 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...
  9. 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...
  10. 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...