Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
Autoptic evidence
see demonstrative evidence under evidence.
Evidence
n. 1. Something (including testimony, documents and tangible objects) that tends to prove or disprove the existence of an alleged fact <the bloody glove is the key piece of evidence for the prosecution>. 2. See fact in evidence under FACT. 3. The collective mass of things, esp. testimony and exhibits, presented before a tribunal in a given dispute <the evidence will show that the defendant breached the contract>. 4. The body of law regulating the burden of proof, admissibility, relevance, and the weight and sufficiency of what should be admitted into the record of a legal proceeding <under the rules of evidence, the witness's statement is inadmissible hearsay that is not subject to any exception>. - evidence, ub. "Evidence is any matter of fact which is furnished to a legal tribunal, otherwise than by reasoning or a reference to what is noticed without proof, as the basis of inference in ascertaining some other matter of fact." James B. Thayer, Presumptions and the Law of Evidence, 3 Harv. L. Rev. 141, 142 (1889). "Evidence, broadly defined, is the means from which an inference may logically be drawn as to the existence of a fact; that which makes evident or plain. Evidence is the demonstration of a fact; it signifies that which demonstrates, makes clear, or ascertains the truth of the very fact or point in issue, either on the one side or on the other. In legal acceptation, the term 'evidence' includes all the means by which any alleged matter of fact, the truth of which is submitted to investigation, is established or disproved. 'Evidence' has also been defined to mean any species of proof legally presented at the trial of an issue, by the act of the parties and through the medium of witnesses, records, documents, concrete objects, and the like." 31A C.J.S. Evidence § 3, at 67-68 (1996).
Federal Rules of Evidence
The rules governing the admissibility of evidence at trials in federal courts. - Abbr. Fed. R. Evid.; FRE.
Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters.
An international convention, convened on October 26, 1968, that provides the formal procedures for obtaining evidence in a foreign country, such as taking a deposition abroad. ( More than 27 countries are parties, including the United States, which became a signatory on October 7, 1972.
King's evidence
See Queen's evidence under EVIDENCE.
Military Rules of Evidence.
The rules of evidence applicable to military law and courtsmartial. - Abbr. MRE.
Newly discovered evidence.
See EVIDENCE.
Queen's evidence
English law. Testimony provided by one criminal defendant, usu. under a promise of pardon, against another criminal defendant. - Also termed (when a king reigns) King's evidence. See state's evidence.
Queen's evidence.
See EVIDENCE.
actual-evidence test.
See SAME-EVIDENCE TEST.
admissible evidence
Evidence that is relevant and is of such a character (e.g., notunfairly prejudicial or based on hearsay) that the court should receive it. - Also termed competent evidence; proper evidence.
admissible evidence.
See EVIDENCE.
after-acquired-evidence doctrine
employment law. the rule that, if an employer discharges an employee for an unlawful reason and later discovers misconduct sufficient to justify a lawful discharge, the employee cannot win reinstatement. 0 the doctrine either shields the employer from liability or limits the available relief when, after an employee has been terminated, the employer learns for the first time that the employee engaged in wrongdoing that would have resulted in a discharge anyway. mckennon u. nashville banner publ g co., 513 u.s. 352, 115 s.ct. 879 (1995).
against the weight of the evidence
(of a verdict or judgment) contrary to the credible evidence; not sufficiently supported by the evidence in the record. see weight of the evidence.
autoptic evidence
See demonstrative evidence.
best evidence
Evidence of the highest quality available, as measured by the nature of the case rather than the thing being offered as evidence. - Also termed primary evidence; original evidence. See BEST-EVIDENCE RULE. Cf. secondary evidence. "In some circumstances, 'best evidence' may mean that evidence which is more specific and definite as opposed to that which is merely general and indefinite or descriptive. However, 'best evidence' or 'primary evidence' is variously defined as that particular means of proof which is indicated by the nature of the fact under investigation as the most natural and satisfactory, or as that kind of proof which under any possible circumstances affords the greatest certainty of the fact in question; or as evidence which carries on its face no indication that better remains behind." 32A C.J.S. Evidence § 1054, at 417 (1996).
best-evidence rule.
The evidentiary rule providing that, to prove the contents of a writing (or a recording or photograph), a party must produce the original writing unless it is unavailable, in which case secondary evidence -such as copies, notes, or testimony - may be admitted. Fed. R. Evid. 1001-1004. - Also termed documentary-originals rule; originalwriting rule; original-document rule. "Down to a century or more ago, the term 'best evidence' was a good deal used; 'the best evidence that the nature of the thing will afford' was said to be required. But this loose expression never represented a concrete rule. The only positive and concrete rules of the kind are those above named. And today, though the cant phrase is sometimes invoked, and though an inference may be made against a party who fails to produce what might be better evidence, yet no court will in general exclude relevant evidence because there might be better evidence available." John H. Wigmore, A Students' Textbook of the Law of Evidence 219 (1935).
bill of evidence.
A transcript of testimony heard at trial.
burden of going forward with evidence
See BURDEN OF PRODUCTION.
character evidence
Evidence regarding someone's personality traits; evidence of a person's moral standing in a community, based on reputation or opinion. Fed. R. Evid. 404, 405, 608.
character evidence.
See EVIDENCE,
circumstantial evidence
1. Evidence based on inference and not on personal knowledge or observation. - Also termed indirect evidence; oblique evidence. Cf direct evidence (1). 2. All evidence that is not given by testimony. "Indirect evidence (called by the civilians, oblique, and more commonly known as circumstantial evidence) is that which is applied to the principal fact, indirectly, or through the medium of other facts, by establishing certain circumstances or minor facts, already described as evidentiary, from which the principal fact is extracted and gathered by a process of special inference ...." Alexander M. Burrill, A Treatise on the Nature, Principles and Rules of Circumstantial Evidence 4 (1868).
clear and convincing evidence
See EVIDENCE.
comment on the evidence
A statement made to the jury by the judge or by counsel on the probative value of certain evidence. ( Lawyers typically make such comments in closing argument - and judges may make such comments in federal court - but most state-court judges are not permitted to do so when examining a witness, instructing the jury, and the like (in which case the comment is sometimes termed an impermissible comment ,on the evidence).
communicative evidence
See testimonial evidence.
communicative evidence.
See testimonial evidence under EVIDENCE.
competent evidence
1. See admissible evidence. 2. See relevant evidence.
conclusive evidence
1. Evidence so strong as to overbear any other evidence to the contrary. - Also termed conclusive proof. 2. Evidence that, though not irrebuttable, so preponderates as to oblige a fact-finder to come to a certain conclusion.
concomitant evidence
Evidence that, at the time of the act, the alleged doer of the act was present and actually did it.
conflicting evidence
Irreconcilable evidence that comes from different sources.
contrary to the evidence
that is counter to the weight of the evidence presented at a contested hearing.
corroborating evidence
Evidence that differs from but strengthens or confirms other evidence (esp. that which needs support). -Also termed corroborative evidence. Cf. cumulative evidence.
corroborative evidence
See corroborating evidence under EVIDENCE.
credible evidence
Evidence that is worthy of belief; trustworthy evidence.
critical evidence
Evidence strong enough that its presence could tilt a juror's mind. ( Under the Due Process Clause, an indigent criminal defendant is usu. entitled to an expert opinion of the merits of critical evidence.
cumulative evidence
See EVIDENCE.
demeanor evidence
The behavior of a witness on the witness stand, to be considered by the fact-finder on the issue of credibility.
demonstrative evidence
See EVIDENCE.
demurrer to evidence
A party's objection or exception that the evidence is legally insufficient to make a case. ( Its effect, upon joinder in the demurrer by the opposite party, is that the jury is discharged and the demurrer is entered on record and decided by the court. A demurrer to evidence admits the truth of all the evidence and the legal deductions from that evidence.
derivative evidence
Evidence that is discovered as a result of illegally obtained evidence and is therefore inadmissible because of the primary taint. See EXCLUSIONARY RULE; FRUIT-OF-THE-POISONOUS-TREE DOCTRINE.
direct evidence
1. Evidence that is based on personal knowledge or observation and that, if true, proves a fact without inference or presumption. - Also termed positive evidence. Cf. circumstantial evidence; negative evidence. 2. See original evidence (1). "A little reflection shows that no disputed case will ordinarily be proved solely by circumstantial or solely by testimonial evidence. Ordinarily there is evidence of both kinds. The matter has been obscured by the use of the term 'direct evidence,' - a term sometimes used to mean testimonial evidence in general, but sometimes also limited to apply only to testimony directly asserting the fact-in-issue .... The term 'direct' evidence has no utility." John H. Wigmore, A Students' Textbook of the Law of Evidence 40 (1935).
documentary evidence
Evidence supplied by a writing or other document, which must be authenticated before the evidence is admissible.
electronic chattel paper. Chattel paper evidenced by a record or records consisting of information stored in an electronic medium and retrievable in perceivable form. UCC § 9-102(a)(22).tangible chatt
See CHATTEL.
evidence aliunde
See extrinsic evidence.
evidence by inspection
See demonstrative evidence under EVIDENCE.
evidence code
A codified set of statutory provisions governing the admissibility of evidence and the burden of proof at hearings and trials.
evidence of insurability
Information - such as medical records or a medical examination -that an insurer may require to establish a potential insured's qualification for a particular insurance policy.
evidence of title
The means by which the ownership of land is satisfactorily demonstrated within a given jurisdiction. See DEED. "There are four kinds of evidence of title: abstract and opinion, certitcate of title, title insurance and Torrens certiftcate. The certificate of title is used extensively in the Eastern states, and some Southern states. In urban centers in a great many sections of the country, title insurance occupies a dominant position in real estate transactions. In farm areas the abstract and opinion method is ommon. To a great extent, the acceptability of a particular kind of evidence of title depends on the local custom." Robert Kratovil, Real Estate Law 170 (6th ed. 1974).
evidence rules
See EVIDENCE (4)
evidence-in-chief
Evidence used by a party in making its case-in-chief.