Blacks Law Dict. 1st ed

442

EVIDENCE

EWBRICE

rect evidence is that which tends to establish the fact in dispute by proving another, and which, though tiue, does not of itself conclu sively establish that fact, but which affords an inference or presumption of its existence; for example, a witness proves an admission of the party to the fact in dispute. This proves a fact, from which the fact in dispute is in ferred. Code Civil Proc. Cal. §§ 1831, 1832. Evidence is either intrinsic or extrinsic. Intrinsic evidence is that which is derived from a document without anything to ex plain it. Extrinsic evidence is external ev idence, or that which is not contained in the body of an agreement, contract, and the like. In respect to its nature, evidence is also of the following several kinds: Circumstantial evidence. This is proof of various facts or circumstances which usu ally attend the main fact in dispute, and there fore tend to prove its existence, or to sustain, by their consistency, the hypothesis claimed. Circumstantial evidence consists in reasoning from facts which are known or proved, to estab lish such as are conjectured to exist. 32 N. Y. 141. Presumptive evidence. This consists of inferences drawn by human experience from the connection of cause and effect, and ob servations of human conduct. Code Ga. 1882, § 3748. Prima fade evidence. It is that which suffices for the proof of a particular fact, un til contradicted and overcome by other evi dence; for example, the certificate of a re cording officer is prima facie evidence of a record, but it may afterwards be rejected upon proof that there is no such record. Code Civil Proc. Cal. § 1833. Prima facie evidence is evidence which, stand ing alone and unexplained, would maintain the proposition and warrant the conclusion to support which it is introduced 97 Mass. 230. Partial evidence, is that which goes to establish a detached fact, in a series tend ing to the fact in dispute. It may be re ceived, subject to be rejected as incompetent, unless connected with the fact in dispute by proof of other facts; for example, on an issue of title to real property, evidence of th» con tinued possession of a remote occupant is par tial, for it is of a detached fact, which may or may not be afterwards connected with the fact in dispute. Code Civil Proc. Cal. §1834. Satisfactory evidence. That evidence is deemed satisfactory which ordinarily pro duces moral certainty or conviction in an un prejudiced mind. Such evidence alone will justify a verdict. Evidence less than this is

denominated "slight evidence." Code Civil Proc. Cal. § 1835. Conclusive evidence. Conclusive or un answerable evidence is that which the law does not permit to be contradicted; for ex ample, the record of a court of competent ju risdiction cannot be contradicted by the par ties to it. Code Civil Proc. Cal. § 1837. Indispensable evidence is that without which a paiticular fact cannot be proved. Code Civil Proc. Cal. § 1836. Documentary evidence is that derived from conventional symbols (such as letters) by which ideas are represented on material sub stances. Hearsay evidence is the evidence, not of what the witness knows himself, but of what he has heard from others. In respect to its object, evidence is of the following several kinds: Substantive evidence is that adduced for the purpose of proving a fact in issue, as op posed to evidence given for the purpose of discrediting a witness, (i. e., showing that he is unworthy of belief,) or of corroborating his testimony. Best, Ev. 246, 773, 803. Corroborative evidence is additional evi« dence of a different character to the same point. Code Civil Proc. Cal. § 1839. Cumulative evidence is additional evidence of the same character to the same point. Civil Code Proc. Cal. § 1838. EVIDENCE OF DEBT. A term ap plied to written instruments or securities for the payment of money, importing on their face the existence of a debt. 1 Rev. St. N. Y. p. 599, § 55. EVIDENCE OF TITLE. A deed or other document establishing the title to prop erty, especially real estate. EVIDENTIARY. Having the quality of evidence; constituting evidence; evidencing. A term introduced by Bentham, and, from its convenience, adopted by other writers. EVOCATION. In French law. The withdrawal of a cause from the cognizance of an inferior court, and bringing it before an other court or judge. In some respects this process resembles the proceeedings upon cer~ tiora) i. EWAGE. (L.Fr. Ewe, water.) In old English law. Toll paid for water passage. The same as aquage. Tomlins. EWBRICE. Adultery; spouse breach, marriage breach. Cowell; Tomlins.

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