Types of evidence

Evidence is something which can be used to demonstrate the truth of an assertion. It can take the form of a person’s testament, an object or a document. In order for evidence to be admissible, it needs to be relevant, material and competent.

To be relevant, evidence must serve to make an assertion more or less probable. Evidence is material if it has a significant relationship with the issues in a case. Competent evidence is reliable. Foundation evidence is that which shows that these prerequisites of admissibility have been met.

There are four types of evidence: real, demonstrative, testimonial and documentary.

Real evidence is usually an object which was involved in the case. To be admissible, real evidence must be authenticated, either by identification or by establishing a chain of custody.

Demonstrative evidence illustrates the testimony of a witness. It may include maps or diagrams. It is authenticated by the witness himself.

Documentary evidence is similar to real evidence. Typically, it includes contracts or other forms. It, too, must be authenticated by a witness.

Testimonial evidence is an oral or written assertion offered as proof of the truth. This type of evidence does not require foundation evidence as a prerequisite for its admissibility.

1. Why is evidence important during a trial?

2. What are some items that can be used as evidence in a trial?

3. What are four types of evidence?

4. What does evidence need to be in order to be admitted to the court?

1. Translate the words in bold

2. Read the text once more and complete the table:

Relevant Evidence
	Has a significant relationship with the case
Competent Evidence
	An object involved in a case
Demonstrative Evidence	Illustrates the testimony of a witness
	Includes contracts and forms
Testimonial evidence
Foundation evidence	Shows that prerequisites are met

3. Match the words (1-7) with the definitions (a-g):

1 – assertion

2 – evidence

3 – testament

4 – chain of custody

5 – authenticated

6 – prerequisites

7 – admissible

1. something that is needed in order to continue

2. being allowed in court

3. a sigh or proof of why something is true

4. a personal account

5. proven to be the original item

6. a statement someone believes is true

7. the processing of evidence from its collection to presentation in court

4. Write a word that is similar in meaning to the underlined part

1. Do you have items which show an assertion is true?

_e_ _ e _ _ _ _ _ c _

2. Get the contacts and forms that show an assertion is true.

d _ _ _ _ _ _ _ _ _ _ e _ _ _ _ _ _ _

3. Not all of the evidence is making the case more or less probable.

_ e _ _ _ _ _ t

4. Is the witness’s testimony reliable enough to be accepted by a court?

c _ _ p _ _ _ _ _

5. Two people will give their personal account as proof of the truth.

_e s _ _ _ _ _ _ _ _ e_ _ _ _ _ _ _

6. The evidence is significant with regards to its relationship to the case.

_ a _ _ _ _ _ l

7. The witness authenticated some maps and diagrams which illustrate his statement.

_ _ _ o _ _ _ _ _ _ _ _ _ e _ _ _ _ _ _ _

5. Listen to a conversation between two lawyers and choose the correct answer.

1. Which type of evidence is NOT mentioned? A documentary evidence B real evidence C demonstrative evidence D testimonial evidence

2. Why isn’t Ms. Chambers’s testimony admissible? A It isn’t relevant. B It isn’t material. C It isn’t competent. D It isn’t truthful.

VI. Listen again and complete the conversation.

Lawyer 1: Let’s go over the 1 ______ we have for the Soames case.

Lawyer 2: Okay, good idea. I guess we ought to start with the real evidence; the gun Soames used for the 2 ______.

Lawyer 1: I spoke to Detective Meeks this morning. He faxed me the 3 ______ showing the chain of custody.

Lawyer 2: Everything was handled properly, right?

Lawyer 1: Yes, there should be no reason why the pistol wouldn’t be 4 _______ as evidence.

Lawyer 2: Good. Is there any 5 _______ evidence for the case?

Lawyer 1: Yes, we have the videotapes from the bank’s 6 _______ ________.

Lawyer 2: I assume they’re relevant?

Lawyer 1: Absolutely! The entire robbery was caught on video.

Lawyer 2: Really? You can’t beat that for 7 _______ ________. What’s next?

VII. Act out the roles below based on Task VI with a partner. Then, switch roles.

Use language such as: I spoke to … this morning. Everything was handled properly, right? I assume they’re relevant?
Student A: You are a lawyer. Discuss with Student B: kinds of evidence handling of evidence relevance of evidence	Student B: You are a lawyer. Discuss evidence for a bank robbery case with Student A.

Give a sight translation of the text