Latin for Lawyers

EVIDENCE

EVIDENCE [L. evidens, evidentis / visible, clear, plain (fr. ex / out of + video, videre / to see] Anything that furnishes proof or tends to prove. The transcribed record of tes timony submitted during a trial for consideration and deliberation by jury and/or judge. Circumstantial evidence is evidence of events or circumstances from which the trier can draw a reasonable inference that other events or cir cumstances occurred. Direct evidence is the antithesis of circumstantial evi dence; it is evidence which, if believed, establishes a fact as manifestly true; example; the testimony of a direct eye witness or of a participant in the event. Competent evidence is evidence that is admissible because it is relevant and material to an issue requiring proof. Hearsay evidence is any statement made out of court and not under oath. Hearsay is not admissible unless it falls within one of several exceptions. Parol evidence is evidence outside the four corners of a writing, offered as evidence of oral agreements modifying or interpreting the writing. EVIDENCE ALIUNDE Extrensic evidence of facts outside the face of a document to prove admis sions or to explain or clarify an ambiguity. See ALIUNDE EVIDENCE DE BENE ESSE Evidence taken and recorded before trial to preserve it in the event the wit ness is later unavailable. See DE BENE ESSE EVICTUM PERPETUUM Perpetual eviction; permanent ouster from possession. EX From, out of, according to. Also, former, without. EX AEQUO ET BONO From what is fair and good. In equity and good conscience. EXAMINE, EXAMINATION [L. examino, examinare / to weigh, consider, examine] The act of inquiring or questioning. To conduct an inquiry into the knowledge and achievements of students in a particular course or curriculum. The act of asking questions of witnesses during a trial or court proceeding to compel answers by the other side and develop proof. Direct examination is the first examination of a witness conducted by the attorney who calls him as a wit-

114