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This type of fact is used so the judge or jury will

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Unformatted text preview: e, such as a witness’s testimony, and copies of original documents are placed in the secondary evidence category. Direct Evidence Direct evidence can prove a fact all by itself and does not need backup information to refer to. When direct evidence is used, presumptions are not required. One example of direct evidence is the testimony of a witness who saw a crime take place. Although this oral evidence would be secondary in nature, meaning a case could not rest on just it alone, it is also direct evidence, meaning the lawyer does not necessarily need to provide other evidence to back it up. Direct evidence often is based on information gathered from a witness’s five senses. Conclusive Evidence Conclusive evidence is irrefutable and cannot be contradicted. Conclusive evidence is very strong all by itself and does not require corroboration. Circumstantial Evidence Circumstantial evidence can prove an intermediate fact that can then be used to deduce or assume the existence of another fact. This type of fact is used so the judge or jury will logically assume the existence of a primary fact. For example, if a suspect told a friend ch10.indd ch10.indd 899 12/4/2009 11:39:13 AM All-in-1 / CISSP All-in-One Exam Guide, 5th Ed. / Harris / 160217-8 CISSP All-in-One Exam Guide 900 he was going to bring down eBay’s web site, a case could not rest on that piece of evidence alone because it is circumstantial. However, this evidence can cause the jury to assume that because the suspect said he was going to do it, and hours later it happened, maybe he was the one who did the crime. Corroborative Evidence Corroborative evidence is supporting evidence used to help prove an idea or point. It cannot stand on its own but is used as a supplementary tool to help prove a primary piece of evidence. Opinion Evidence When a witness testifies, the opinion rule dictates that she must testify to only the facts of the issue and not her opinion of the facts. This is slightly different from when an expert witness is used, because an expert is used primarily for his educated opinion. Most lawyers call in expert witnesses to testify and help the defending or prosecuting sides better understand the subjec...
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