Types of Evidence


  • Real evidence
    • consists of tangible objects
  • Documentary evidence
    • consists of written information
    • legal rules that apply:
      • Authentication rule
        • documents must be authenticated by testimony
      • Best evidence rule
        • original documents are superior to copies
      • Parol evidence rule
        • written contracts are assumed to be the entire agreement
  • Testimonial evidence
    • consists of witness statements
    • 2 forms
      • Direct evidence
        • witness provides evidence based upon his or her own observations
      • Expert opinion
        • expert witness draws conclusions based upon other evidence
    • may not consist of hearsay