Evidence

I. PRELIMINARY CONSIDERATION:
A. Importance of the study of Evidence in Law Enforcement:
As an element of our Criminal Justice System, it is the duty of every law enforcement agencies to
provide the prosecution with the materials and information (Evidence) necessary in order to support
conviction.
Every person is entitled to be presumed innocent of a crime or wrong, unless proven otherwise. This is
a prima facie presumption which must be overcome by proof beyond reasonable doubt.
B. Connecting the chain of events through Evidence during Trial:
Trial refers to the examination before a competent tribunal, according to the laws of the land, of the
facts in issue in a cause, for the purposes of determining such issue (U.S. v. Raymundo, 14 Phil 416).
Evidence helps in the determination of Questions of Facts by helping the judge reconstruct the chain of
events from the conception up to theconsummation of a criminal design.
C. Factum Probandum and Factum Probans
Factum Probandum The ultimate facts to be proven. These are the propositions of law.
Examples:

murder was committed thru treachery

robbery was made through force upon things

Factum Probans The evidentiary Facts. These addresses questions of fact.

Examples:

exit wounds were in front indicating that victim was shot at the back

destroyed locks indicative of force upon things

Thus, the outcome of every trial is determined by:

Propositions of law, and

Questions of fact.

D. Proof and Evidence

Evidence the means to arrive at a conclusion. Under the Revised Rules of Court, evidence is defined
as the means, sanctioned by the rules, for ascertainment in a judicial proceeding, the truth, respecting
a matter of fact.
Proof the result of introducing evidence. The establishment of a requisite degree of belief in the
mind of the judge as to the facts in issue. It refers to the accumulation of evidence sufficient to
persuade the trial court.
Quantum of evidence the totality of evidence presented for consideration
Quantum of proof refers to the degree of proof required in order to arrive at a conclusion.
Burden of evidence the duty of a party of going forward with evidence.
Burden of proof the duty of the affirmative to prove that which it alleges.
Variations on degrees of proof based on type of action:
1.

Criminal Action

proof beyond reasonable doubt [that degree of proof which produces

conviction in an unprejudiced mind]

2.

Civil Action

preponderance of evidence [evidence of greater weight or more convincing than

that which is offered to refute it]

3.

Administrative Action sufficiency of evidence [that amount of relevant evidence which a

reasonable mind might accept as adequate to justify a conclusion]

E. Exclusionary Rule. (Fruit of the poisonous tree doctrine)
Evidence ILLEGALLY OBTAINED are inadmissible for reasons of public policy. This is so because
of the constitutional requirement of due process. Due process has been defined as the law that hears
before it condemns, which proceeds upon inquiry, and renders judgment only after fair trial.
As a result, jurisprudence has evolved a rule that renders inadmissible any evidence obtained in an
illegal search from being introduced in trial.
F. Principle of Chain of Custody of Evidence
If the evidence is of a type which cannot be easily recognized or can readily be confused or tampered
with, the proponent of the object must present evidence of its chain of custody. The proponent need not
negate all possibilities of substitution or tampering in the chain of custody, but must show that:
The evidence is identified as the same object which was taken from the scene;
It was not tampered with, or that any alteration can be sufficiently explained (i.e. discoloration due to
the application of ninhydrine solution, etc.); and
The persons who have handled the evidence are known and may be examined in court with regard to
the object.
II. GENERAL PROVISIONS:
A. Concepts of evidence:
1.

It is a means of ascertainment used to arrive at a legal conclusion

2.

It is sanctioned by the rules of court meaning, not excluded by the rules on relevancy and

admissibility
3.

It is used in a judicial proceeding there is a jural conflict involving different rights asserted by

different parties

4.

It pertains to the truth respecting a matter of fact evidence represents a claim either for the

prosecution or for the defense where issues (clashes of view) are present.
Admissibility of Evidence:
For evidence to be admissible, it must be:
1) relevant to the issue [relevancy test], and
2) not excluded by the law or rules of court [competency test].
Note: To determine the relevancy of any item of proof, the purpose for which it is sought to be
introduced must first be known (There must be a formal offer).
Test of relevancy of evidence:
Whether or not the factual information tendered for evaluation of the trial court would be helpful in the
determination of the factual issue that is disputed.
When is evidence relevant?
When it has a relation to the fact in issue as to induce belief in its:
1) existence, or
2) non-existence
In other words, evidence is relevant when it is:
1) material, and
2) has probative value
What is meant by probative value?
It is the tendency of the evidence to establish the proposition that it is offered to prove.
Collateral Matters not admissible except when it tend in any reasonable degree to establish

probability or improbability of the fact in issue.

Collateral matters matters other than the fact in issue and which are offered as a basis for inference
as to the existence or non-existence of the facts in issue.
Collateral matters are classified into:
1. Antecedent circumstances facts existing before the commission of the crime [i.e. hatred, bad
moral character of the offender, previous plan, conspiracy, etc.]
2.

Concomitant

circumstances facts existing during the commission of the crime [i.e. opportunity,

presence of the accused at the scene of the crime, etc.]

3.

Subsequent circumstances facts existing after the commission of the crime [i.e. flight,

extrajudicial admission to third party, attempt to conceal effects of the crime, possession of stolen
property, etc.]
Query: Is modus operandi an antecedent, concomitant or subsequent circumstance?
B. Judicial Notice, basis of:
Judicial notice is based on necessity and expediency. This is so because what is known need not be
proved.
Different kinds of judicial notices:
1.

mandatory

2.

discretionary

3.

hearing required

C. Confession and Admission, distinguished:

Confession an acknowledgement of guilt.
Admission an acknowledgment of facts.

Different kinds of confession/admission:

1.

Judicial

2.

Extrajudicial

3.

Oral

4. Written
5. Voluntary
6.

Forced

Different kinds of evidence:

1.

Relevant evidence evidence having any value in reason as tending

to prove any matter provable in an action.

2.

Material evidence evidence is material when it is directed to prove a

fact in issue as determined by the rules of substantive law and
pleadings.

3.

Competent evidence not excluded by law.

4.

Direct evidence proves the fact in issue without aid of inference

or presumptions.

5.

Circumstantial evidence - the proof of fact or facts from which, taken

collectively, the existence of a particular fact in dispute

may be inferred as necessary or probable consequence.
6.

Positive evidence evidence which affirms a fact in issue.

7.

Negative evidence - evidence which denies the existence of a fact

in issue.

8.

Rebutting evidence given to repel, counter act or disprove facts

given in evidence by the other party.

9.

Primary/Best evidence that which the law regards as affording

the greatest certainty.

10. Secondary evidence that which indicates the existence of a

more original source of information.
11. Expert evidence the testimony of one possessing knowledge
not usually acquired by other persons.
12. Prima facie evidence evidence which can stand alone to support

either singly or

a conviction unless rebutted.

13. Conclusive evidence incontrovertible evidence
14. Cumulative evidence additional evidence of the same kind bearing
on the same point.
15. Corroborative evidence additional evidence of a different kind
and character tending to prove the same point as that of previously
offered evidence.
16. Character evidence evidence of a persons moral standing or
personality traits in a community based on reputation or opinion.
17. Demeanor evidence the behavior of a witness on the witness stand
during trial to be considered by the judge on the issue of credibility.
18. Demonstrative evidence evidence that has tangible and
exemplifying purpose.
19. Hearsay evidence oral testimony or documentary evidence which
does not derive its value solely from the credit to be attached to the
witness himself.
20.Testimonial evidence oral averments given in open court by
the witness.
21. Object/Auotoptic proferrence/Real evidence those addressed to
the senses of the court (sight, hearing, smell, touch, taste).
22. Documentary evidence those consisting of writing or any material
of written expression offered as proof of its contents.

containing letters, words, numbers, figures, symbols or other modes

Best Evidence Rule:
When the subject of the inquiry is the contents of a document, no evidence shall be admissible other
than the original of the document.
For exceptions, see Sec. 3, Rule 130, Revised Rules of Court.
A document is legally considered Original when:
1.

It is the subject of an inquiry

2. When in two or more copies executed at or about the same time, with identical contents.
3. When an entry is repeated in ordinary course of business, one being copied from another at or near
the time of the transaction.
Question: May a fake document be considered as original or authentic?
Yes. A forged or spurious document when presented in court for examination is considered as the
original fake/forged document. Thus, a mere photocopy of the allegedly forged or spurious document
is only secondary to the original questioned document.
Secondary Evidence
When the original document has been:
1.

lost,

2.

destroyed, or

3.

cannot be produced in court.

The offeror without bad faith must:

1.

prove its execution or existence, and

2.

prove the cause of its unavailability.

Secondary evidence may consist of:

1.

a copy,

2.

recital of its contents in some authentic document, or

3.

by testimony of witnesses.

When original document is in the custody of:

1.

adverse party adverse party must have reasonable notice to produce it. After such notice and

satisfactory proof of its existence, he fails to produce it, secondary evidence may be presented.
2.

public officer contents may be proved by certified copy issued by the public officer in custody

thereof.

III. TESTIMONIAL EVIDENCE:

Qualifications of witnesses:
1.

can perceive

2.

can make known their perception to others

3.

not disqualified by reason of mental incapacity, immaturity, marriage, privileged communications,

or dead mans statute.

Res Inter Alios Acta Rule
General Rule: The rights of a party cannot be prejudiced by an act, declaration, or omission of another.
Exception:
1.

admission by a co-partner or agent

2.

admission by a conspirator

3.

admission by privies

4.

admission by silence

In the above cases, the admission of one person is admissible as evidence against another.
Testimonial Knowledge:
General Rule: A witness can testify only to those facts which he knows of his personal knowledge; that
is, which are derived from his own perception. Any statement which derives its strength from anothers
personal knowledge is hearsay, and is therefore inadmissible.
Exceptions:
1.

Dying declarations (ante-mortem statements)

2.

Declaration against interest

3. Act or declaration about pedigree

4.

Family reputation or tradition regarding pedigree

5.

Common reputation

6.

Part of the res gestae

7.

Entries in the course of business

8.

Entries in official records

9.

Commercial lists and the like

10.

Learned treatises

11. Testimony or deposition at a former proceeding

12.

Examination of child victim/witness in cases of child abuse

IV. BURDEN OF PROOF AND PRESUMPTIONS:

Burden of proof the duty of a party to present evidence on the facts in issue necessary to establish his
claim or defense by the amount of evidence required by law.
Presumption an inference as to the existence of a fact not actually known, arising from its usual
connection with another which is known or a conjecture based on past experience as to what course
human affairs ordinarily take.
2 kinds of presumptions:
1.

Conclusive presumptions [jure et de jure] based on rules of substantive law which cannot be

overcome by evidence to the contrary.

2.

Disputable presumptions [prima facie presumptions, rebuttable presumptions] based on

procedural rules and may be overcome by evidence to the contrary.

Kinds of Conclusive Presumptions:
1.

Estoppel by record or judgment the preclusion to deny the truth of matters set forth in a record,

whether judicial or legislative, and also deny the facts adjudicated by a court of competent jurisdiction
(Salud v. CA, 233 SCRA 387).
2.

Estoppel by deed a bar which precludes a party to a deed and his privies from asserting as

against the other and his privies any right or title in derogation of the deed or denying the truth of any
material fact asserted in it (Iriola v. Felices, 30 SCRA 202).
3.

Estoppel in pais based upon express representation or statements or upon positive acts or

conduct. A party cannot, in the course of litigation or in dealings in pais, be permitted to repudiate his
representation or occupy inconsistent positions.
4.

Estoppel against Tenant the tenant is not permitted to deny the title of his landlord at the time of

the commencement of the relation of landlord and tenant between them.

Note: For Kinds of disputable presumptions, see Sec. 3, Rule 131 of the Revised Rules of Court.
Presentation of Evidence:
The examination of witnesses presented in a trial or hearing shall be done is open court, and under oath
or affirmation. Unless the witness is incapacitated to speak, or the question calls for a different mode
of answer, the answer of the witness shall be given orally.
Rights and Obligations of witnesses:
1. To be protected from irrelevant, improper, or insulting questions,
and from harsh or insulting demeanor.
2. Not to be detained longer than the interest of justice requires.
3. Not to be examined except only as to matters pertinent to the
issue.
4. Not to give an answer which will tend to subject him to a penalty
for an offense unless otherwise provided by law.
5. Not to give an answer which will tend to degrade his reputation,
unless it be to the very fact at issue or to the fact from which the

fact in issue would be

presumed,but a witness must answer to the

facts of his previous final conviction for an offense.
Order of Examination of individual witnesses:
Direct examination by the proponent
Cross examination by the opponent
Re-direct examination by the proponent
Re-cross examination by the opponent
Direct examination the examination in chief of a witness by the party presenting him on the facts
relevant to the issue.
Cross examination the examination by the adverse party of the witness as to any matter stated in the
direct examination, or connected therewith, with sufficient fullness and freedom from interest or bias,

or the reverse, and to elicit all important facts bearing upon the issue.
Re-direct examination second questioning by the proponent to explain or supplement answers given
in the cross examination.
Re-cross examination second questioning by the adverse party on matters stated on the re-direct and
also on such matters as may be allowed by court.
Different Types of Questions:
Leading questions It is one where the answer is already supplied by the examiner into the mouth of
the witness. [Ex. You saw Jose killed Juan because you were present when it happened, didnt you?]
Misleading question a question which cannot be answered without making an unintended admission.
[Ex. Do you still beat your wife?]
Compound question a question which calls for a single answer to more than one question. [Ex. Have
you seen and heard him?]
Argumentative question a type of leading question which reflects the examiners interpretation of the
facts. [Ex. Why were you driving carelessly?]
Speculative question a question which assumes a disputed fact not stated by the witness as true. [Ex.
The victim cried in pain, didnt he?]
Conclusionary question a question which asks for an opinion which the witness is not qualified or
permitted to answer. [Ex. Asking a high school drop-out whether the gun used is a Cal. 45 pistol or
9mm pistol]
Cumulative question a question which has already been asked and answered.
Harassing/Embarrassing question [Ex. Are you a homosexual?]
Classes of Documents:
Documents are either public or private.
Public documents are:
1. The written official acts, or records of the official acts of sovereign authority, official bodies and
tribunals, and public officers, whether of the Philippines, or a foreign country.
2. Documents acknowledged before a notary public except last wills and testaments.

3. Public records (1) kept in the Philippines, or private documents (2) required by law to be entered
therein.
All other writings are private.

SOME USEFUL LATIN TERMS AND LEGAL MAXIMS:

Verba legis non est decendendum from the words of the law there can be no departure.
Dura lex sed lex the law may be harsh but it is the law.
Ignorantia legis neminem excusat ignorance of the law excuses no one.
Ignorantia facti excusat mistake of fact excuses.
Praeter intentionem different from that which was intended.
Error in personae mistake in identity.
Abberatio Ictus mistake in the blow
Nulum crimen, nulla poena sine lege there is no crime when there is no law punishing the same.
Actus non facit reum, nisi mens sit rea the act cannot be criminal where the mind is not criminal.
Actus mi invictu reus, nisi mens facit reum an act done by me against my will is not my act.
Mens rea guilty mind.
Actus reus guilty act.

Res ipsa loquitor the thing speaks for itself.

Causa Proxima proximate cause which produced the immediate
effect.
Prima facie at first glance.
Locus Criminis scene of the crime or crime scene.
Pro Reo principle in Criminal Law which states that where the statute admits of several
interpretations, the one most favorable to the accused shall be adopted.
Res Gestae the thing itself.
Falsus in unum, falsus in omnibus false in one part of the statement would render the entire
statement false (note: this maxim is not recognized in our jurisdiction).

Evidence - Definition of Terms

Admissible evidence - Evidence that is both relevant and
competent.
Admissions

- Any statement of fact made by a party against his

interest or unfavorable to the conclusion for which he contends

or is inconsistent with the facts alleged by him.
Best Evidence Rule - When the subject of inquiry is the contents
of a document, no evidence shall be admissible other than the
original document itself.
Burden of Proof - Duty of a party to present evidence on the
facts in issue necessary to establish his claim/defense by the
amount required by law.

Child Witness - Any person who at the time of giving testimony

is less than 18 years old.
Circumstantial Evidence - Proof of fact/s from which, taken
singly/collectively, the existence of the particular fact in
dispute may be inferred as a necessary/probable consequence.
It is evidence of relevant collateral facts.
Collateral Matters - Matters other than the fact in issue and which
are offered as a basis for inference as to the existence or
non-existence of the facts in issue.
Competence - Evidence is not excluded by law or Rules of Court.
Conclusive Evidence - That class of evidence which the law does
not allow to be contradicted.
Confession - A categorical acknowledgment of guilt made by an
accused in a criminal case without any exculpatory statement
or explanation.
Corroborative Evidence - Additional evidence of a different
character to the same point.
Cumulative Evidence - Evidence of the same kind and to the
same state of facts.
Direct Evidence - Proves the fact in dispute without aid of any
inference or presumption.
Documentary Evidence : Writings or any material containing

letters, words, numbers, figures, symbols or other modes of

written expression offered as proof of their content.
Electronic Data Message - Information generated, sent, received
or stored by electronic, optical or similar means
Electronic Document - Information or the representation of
information/data/figures/symbols or other modes of written
expression described or however represented, by which a right
is established or an obligation extinguished, or by which a fact
may be proved and affirmed, which is received/recorded/
transmitted/stored/processed/retrieved/produced electronically.
It includes digitally signed documents and any print out or output,
readable by sight or other means, which accurately reflects the
electronic data message or electronic document.
Electronic Signature - Any distinctive mark, characteristic and/or
sound in electronic form, representing the identity of a person
and attached to or logically associated with the electronic data
message or electronic document or any methodology/
procedure employed/adopted by a person and executed/adopted
by such person with the intention of authenticating, signing or
approving an electronic data message or electronic document.
Ephemeral Electronic Communication - Refers to telephone
conversations, text messages, chatroom sessions, streaming
audio, streaming video and other electronic forms of
communication the evidence of which is not recorded/retained.
Extra Judicial Admission - Any admission other than judicial.
Factum probandum ultimate fact or the fact sought to be

established.
Factum probans evidentiary fact or the fact by which the factum probandum
is
to be established.
Judicial Admissions - Admissions, verbal or written, made by
the party in the course of the proceedings in the same case.
It requires no proof.
Negative Evidence - When witness states that he did not see or
know of the occurrence of a fact (total disclaimer of personal
knowledge).
Object Evidence - Directly addressed to the senses of the court.
Also called real evidence.
Parol Evidence Rule - Any evidence aliunde, whether oral or
written, which is intended or tends to vary or contradict a
complete

and enforceable agreement embodied in a

document.
Pedigree - Relationship, family genealogy, birth, marriage,
death, the dates when and the places where these fast
occurred, and the names of the relatives. It also embraces facts
of family history intimately connected with pedigree.
Positive Evidence - When a witness affirms that a fact did or did
not occur (there is personal knowledge).
Preponderance of Evidence - The evidence adduced by one
side is, as a whole, superior to or has greater weight than that

of the other. Where the evidence presented by one side is

insufficient

to ascertain the claim, there is no

preponderance of evidence.
Prima Facie Evidence - That which, standing alone, is sufficient
to maintain the proposition affirmed.
Primary Evidence - (Best Evidence) - That which the law regards
as affording greatest certainty of the fact in question.
Proof Beyond Reasonable Doubt - That degree of proof which
produces conviction in an unprejudiced mind. It does not mean
such a degree of proof as, excluding the possibility of error,
produces absolute certainty. Only moral certainty is required
that degree of proof which produces conviction in an
unprejudiced mind.
Relevance - Evidence has such a relation to the fact in issue as
to induce belief of its existence or non-existence.
Res Gestae - It literally means Things done.
1) Statements made by a person while a starting
occurrence is taking place or immediately prior
or subsequent thereto, with respect to the
circumstances thereof.
2) Statements accompanying an equivocal act
material to the issue, and giving it a legal
significance.
Res Inter Alios Acta - The rights of a party cannot be prejudiced
by an act/declaration/omission of another.

Secondary

Evidence - (Substitutionary) - That which is inferior to

the primary evidence and is permitted by law only when the best
evidence is not available.
Substantial Evidence - The amount of relevant evidence which
a reasonable mind might accept as adequate to support a
conclusion.
Testimonial Evidence - Submitted to the court through the
testimony or deposition of a witness.

Criminal Jurisprudence Definition of Terms

Abandonment - a parent or guardian leaving a child without adequate supervision for the child's needs
for an excessive period.
Acquittal - a verdict after a trial that a defendant in a criminal case has not been proven guilty beyond
reasonable doubt of the crime charged.
Action - lawsuit brought by one or more individuals seeking redress for or prevention of a wrong or
protection of a right.
Actus reus - proof that a criminal act has occurred.
Adjudicated - settled in a court of law.
Adjudicated father - man determined by the court to be the father usually through a court action and
genetic testing.
Adjudication

- giving or pronouncing a judgment or decree;also the judgment given.Decision made

by a court or administrative agency with respect to a case.

Administrative documentation - records such as case-related conversations, evidence receipts,

description of evidence packaging and seals, and other pertinent information.

Administrative review - an evaluation of the case report and supporting documentation for
consistency with laboratory policies, editorial correctness and compliance with the submission
request.
Admissible - evidence that can be legally and properly introduced in a civil or criminal trial.
Adoption - legal proceeding in which an adult takes as his/her lawful child an individual usually a
minor who is not the adoptive parents or natural offspring.
Adversary system - trial methods in which opposing parties are given full opportunity to present and
establish their evidence and to test by cross-examination the evidence presented by their adversaries
under established rules of procedures before an impartial judge.
Affidavit - a sworn statement by a witness.
Affirmative defense - without denying the charge, defendant raises extenuating or mitigating
circumstance such as insanity, self-defense, or entrapment to avoid civil or criminal responsibility.
Affirmed - in the practice of the appellate court, the word means that the decree or order at issue is
declared valid and will stand as rendered in the lower court.
Amicus curiae - friend of the court, a person who petitions the court for permission to provide
information to the court on a matter of law that is in doubt or one who is not a party to a lawsuit but
who is allowed to introduce evidence, arguments or authority to protect one's interest.
Appeal - a request by the losing party in a lawsuit that the judgment be reviewed by a higher
court.Request to a higher court to change the decision of a trial court, usually appeals are made and
decided on questions of law only.Issues of fact are left to the trial judge discretion.
Arraignment - in a criminal case, the proceeding in which an accused person is brought before a

judge to hear the charges filed against him or her and to enter a plea of guilty or not guilty.
Arrest - process of taking a person into custody.
Assault - intentional display of force that would give the victim reason to fear or expect immediate
bodily harm.
Attest - to bear witness; to affirm as true or genuine.
Attorney-at-law - an officer in a court of justice who is employed by a party in a case to manage it for
him.
Bail - money or security given to secure a person's release from custody which is at risk should he/she
subsequently fail to appear before the court.
Bail bond - the obligation signed by the accused to secure his/her presence at the trial which he/she
may lose by not properly appearing for trial.
Bailiff - a court attendant who keeps order in the court room.
Bar - the term means the whole body of lawyer's.Historically, the partition separating the general
public from the space occupied by the judge's, lawyer's, and other participants in a trial.
Battered woman syndrome - a collection of symptoms that are manifest in women who have suffered
prolonged and extensive abuse from their spouses.
Beyond reasonable doubt - the standard in a criminal case requiring that court be satisfied to a moral
certainty that every element of a crime has been proven by the prosecution, all reasonable doubt are
removed from the mind of the ordinary person.
Bill of Particulars - a statement used to inform the defense of the specific occurrences intended to be
investigated in trial and to limit the course of evidence to the particular scope of the inquiry.An

amplification of the pleading.

Booking - the process of photographing, fingerprinting, and recording identifying data of a suspect
following arrest.
Brief - a written statement prepared by one side in a lawsuit to explain to the court its view of the facts
of a case and the applicable law.
Brutalization - the proposition that the use of capital punishment actually increases the crime rate by
sending a message that it is acceptable to kill those who have wronged us.
Capital crime - a crime punishable by death.
Case law - law created as a by-product of a court decisions made in resolving unique disputes as
distinguished from statutory law.
Case records - all notes, reports, custody, records, charts, analytical data, and correspondence
generated pertaining to a particular case.
Caveat - a warning; a note of caution.
Certification - procedure by which a certifying body formally recognizes that a body or person
complies with given qualifications.
Chambers - a judge's private office.
Child abuse - act of commission that is not accidental and that harms or threatens to harm a child's
physical or mental health or welfare.
Child neglect - failure of a parent or other person legally responsible for a child's welfare to provide
for the child's basic needs and a proper level of care with respect to food, clothing, shelter, hygiene,
medical attention , or supervision.Child neglect is an act of omission.

Circumstantial evidence - that evidence that only suggests anassociation with a past occurrence.Any
evidence in a case for which an inference is needed to relate it to the crime.Not observed by an
eyewitness.Fact from which another fact can be reasonably inferred.
Civil commitment - the legal proceeding by which a person who is mentally ill and imminently
dangerous is involuntarily committed to a psychiatric hospital.
Closing argument - also known as final argument, attorney's final statement to the court summing up
the case and the points points proven as well as those points not proven by opposing counsel.
Common law - body of law based on judicial decisions (precedents or customs and usage) generally
derived from justice, reason and common sense rather than legislative enactments.
Competency - possession of characteristics that qualify a witness to observe, recall, and testify under
oath; personal qualification of the witness to give testimony which differs from the witness ability to
tell the truth.
Complainant - the party who complain or sues, one who applies to the court for legal redress, also
called the plaintiff.
Concur - to agree with the judgment of another.When one court concurs with another, it agrees with or
follows the precedent set by that court's decision.
Concurrent

sentence - sentences for more than one violation that are to be served at the same time

rather that one after the other.

Confession - an oral or written statement acknowledging guilt.
Consent search - exception to the requirement for a search warrant; written or oral permission is
required from a person with authority to give it.
Conspiracy - a combination of two or more person whose purpose is to commit unlawful or criminal

act or to commit a lawful act by criminal means.

Contempt of court - willful disobedience of a judge's command or of an official court order.
Continuance - court order that postpones legal action, such as a court hearing until later time.
Conviction - a judgment of guilt against a criminal defendant.
Corpus delicti - the proof that a crime has been committed, consisting of two components 1. that each
element of the crime be satisfied 2. that someone is responsible for inflicting the injury or loss
sustained.
- Body of the crime.
Court martial - military tribunal that has jurisdiction over offenses against laws of the service in
which the member is engaged.Military status is not sufficient,the crime must be service connected.
Court order - directive issued by the court, and is enforceable as law; written command or directive
given by the judge.
Court of Appeals - a court that hears an appeal after a trial court has made a judgment.
Criminal prosecution - process that begins with the filing of charges against a person who has
allegedly violated criminal law and includes the arraignment and trial of the defendant.Criminal
prosecution may result in fine, restitution, imprisonment, or probation.
Cross-examination - the questioning of a witness produced by the other side.
Custody hearing - legal process, usually in family and juvenile court, to determine who has the right
Damages - money awarded by a court to a person injured by the unlawful act or negligence of another
person.
Dauber test - a standard for determining the reliability of scientific expert testimony in court currently

adopted by many jurisdictions.Five factors are utilized to assess the scientific theory or technique
testing of theory, use of standards and control, peer review, error rate, and acceptability in the relevant
scientific community.
Decision - the judgment reached or given by a court of law.
Default judgment - a decision of the court against the defendant because of failure to respond to a
plaintiff's action.
Defendant - in a civil case, the person being sued. In a criminal case, the person charged with a crime.
Deposition - oral or written testimony under oath but outside the court room.
Detention - temporary confinement of a person by a public authority.
Diminished capacity - a variation of the insanity defense that is applicable if the defendant lacks the
ability to meaningfully premeditate the crime.
Direct evidence - proof of facts by witnesses who saw acts done or heard words spoken as
distinguished from circumstantial or indirect evidence.Information offered by witnesses who testify
about their own knowledge of the facts.
Direct examination - the first questioning of witnesses by the party in whose behalf they are called.
Direct questions - queries that are phrased in a positive and confident manner, are stated clearly and
address the topic in a forthright manner.
Discovery - a pre-trial procedure by which one party can obtain vital facts and information material to
the case to assist in preparation for the trial.The purpose of discovery is to make for a fair trial and to
allow each party to know what document and information the opponents has in its possession.
Dismissal - action by the court that removes the court's jurisdiction over a given case.

Diversion - the process of removing some minor criminal, traffic or juvenile cases from the full
judicial process on the condition that the accused undergo some sort of rehabilitation or make
restitution for damages.Diversion may take place before the trial or its equivalent.
Docket - a list of cases to be heard by the court.
Double jeopardy - putting a person on trial more than once for the same crime.
Dying declaration - a statement made just prior to death with the knowledge of impending death.Also
called ante-Morten statement.
Element of a crime - specific factors that define a crime, every element of which the prosecution must
prove beyond a reasonable doubt in order to obtain a conviction.
Entrapment - an act by enforcement agencies that lures an individual into committing a crime not
otherwise contemplated for the purpose of prosecuting him/her.
Evidentiary standards - guidelines used in examining evidence to determine whether it has been
legally collected and whether it is factual and legally proves or is relevant to the case being heard.
Ex-parte order - an order issued by a judge on its own.
Exclusionary rule - the rules that defines whether evidence is admissible in a trial.
Exigent circumstances - exception to the requirement for a search warrant when there is no time to
get a warrant and failure to search will lead to destruction or concealment of evidence, injury to police
or others, or escape of the suspect.
Expert testimony - statements given to the court by witnesses with special skills or knowledge in
some arts, science, profession, or technical area.Experts educate the court by assisting it in
understanding the evidence or in determining an issue of fact.

Expert witness - a legal term used to describe a witness who by reason of his/her special technical
training or experience is permitted to express an opinion regarding the issue or a certain aspect of the
issue that is involve in a court action.
Expunge - to strike out, obliterate, or mark for deletion from the court record.
Extradition - the process by which one state surrenders to another state a person accused or convicted
of a crime in the other state.
Felony - a crime of a graver nature than a misdemeanor, usually punishable by imprisonment in a
penitentiary for more than a year or a substantial fine.
Fence - a person in the business of buying stolen goods, usually for resale; to buy or sale stolen goods.
Fraud - an intentional misrepresentation or deception employed to deprive another of property or a
legal right or to otherwise do them harm.
Frye standard - a set of standards set by the the court of appeals of the district of Columbia in 1923
in the U.S in Frye vs. the United states.The standards in general define when a new scientific test
should be admissible as evidence in the court system.
Frye test - a test emphasizing that the subject of an expert witness's testimony must conform to a
generally accepted explanatory theory.
Gag order - a trial judge's order to attorney's and witnesses not to talk to the press about the case.
Gault decision - land mark U.S. Supreme Court decision affirming that juveniles are entitled to the
same due process rights as adults the right to counsel, the right to notice of the charges, the right to
confront and cross-examine a witness, the right to remain silent, and the right to subpoena witnesses in
defense.
Habeas corpus - a writ that commands that a person be brought before a judge.A writ of habeas
corpus is a legal document that forces law enforcement authorities to produce a prisoner they are
holding and to legally justify his or her detention.

Hearing - judicial or legal examination of the issues of law and fact between the parties.
Hearsay - a statement made during a trial or hearing that is not based on the personal, first hand
knowledge of the witness.Statement made out of court and offered in court to support the truth of the
facts asserted in the statement.
Hearsay rule - the regulation making a witness's statement inadmissible if it is not based on personal
knowledge unless it falls within certain exceptions.
Holographic document - any document completely written and signed by one person.A holographic
may be probated without anyone having witnessed its execution.
Hostile witness - a witness whose testimony is not favorable to the party who calls him or her as
witness.
Immunity - grant by the court in which someone will not face prosecution in return for providing
criminal evidence.
Inadmissible evidence - the testimony/evidence that the judge rules as not proper and hence instructs
its disregard.
Incompetency - lacking the physical, intellectual,or moral capacity or qualification to perform a
required duty.
Indeterminate sentence - a sentence of imprisonment to a specified minimum and maximum period
of time, specifically authorized by statute, subject to termination by a parole board or or other
authorized agency after the prisoner has served the minimum term.
Infraction - a violation of law not punishable by imprisonment.Minor traffic offenses are generally
considered infractions.
Injunction - a preventive measure by which a court orders a party to refrain from doing a particular
act.A preliminary injunction is granted provisionally until a full hearing can be held to determine if it

should be made permanent.

Interrogatories - set of specialized questions sent by one attorney to another concerning requested
information of their respective clients relevant to the case.
Judgement - the final disposition of a case.
Judgement,default - default judgment is rendered because of the defendant's failure to answer or
appear.
Judgement,summary - summary judgment is given on the basis of pleadings, affidavits, and exhibits
presented for the record without any need for a trial.It is used when there is no dispute as to the facts of
the case and one party is entitled to judgement as a matter of law.
Judicial review - authority of a court to review the official actions of other branches of government,
also the authority to declare unconstitutional the actions of other branches.
Jurisdiction - the nature and scope of a court's authority to hear or decide a case.Inherent power and
authority of a particular court to hear and determine cases.
Justice - fairness, providing outcomes to each party in line with what they deserve.
Juvenile - characteristic of youth, youth means under 18 years of age.
Juvenile court - a court which decides criminal charges brought against children under 18 years of
age.
Leading question - a question that suggest the answer desired of a witness.A party generally may not
ask one's own witness leading questions, leading questions may be ask only of hostile witnesses and on
cross-examination.
Legal custody - right and responsibility to make the decisions regarding the health, education and
welfare of a child/person.

Liable - responsible or answerable for some action.

Litigation - a case, controversy, or lawsuit.
Malfeasance - the commission of an unlawful, wrongful act; any wrongful conduct that affects,
interrupts, or interferes with the performance of official duties.
Malpractice - improper or unethical conduct by the holder of a professional or official position.
Mass murder - a murder incident in which several victims are killed simultaneously or within a
relatively short period of time in the same general area.
Miranda warning - requirements that police tells a suspect in their custody of his/her constitutional
right before they questions him.Result of the Miranda vs. Arizona ruling.Law enforcement procedure
that forewarns suspects of their right to remain silent when in police custody.Violation of this right
makes the suspect's confession inadmissible in evidence.
Misdemeanor - criminal offenses considered less serious than felonies.Misdemeanor are generally
punishable by fine or a limited local jail term in the local jail.
Mistrial - a trial that is terminated before its normal conclusion and declared invalid prior to judgment.
Mitigating circumstance - factors such as age, mental capacity, motivation, or duress which lessens
the degree of guilt in a criminal offense and thus the nature of the punishment.
M'naghten rule - the test applied for the defense of insanity.Under this test, an accused is not
criminally responsible if suffering from a mental disease or defect at the time of committing the act
and not understanding the nature and quality of the act or that what was done was wrong.
Moot - is one not subject to a judicial determination because it involves an abstract question or a
pretended controversy that has not yet actually arisen or has already passed.

Motion - an application for a rule or order, made to a court or judge.An application to the court
requesting an order or a rule in favor of the applicant.
Objection - the process by which one party takes exception to some statement or procedure.An
objection is either sustained or overruled by the judge.If the judge overrules the objection, the witness
may answer the question.If the judge sustain the objection, the witness may not answer the question.
Omnibus hearing - hearing held in criminal court to dispose of appropriate issues such as whether
evidence is admissible before trial so as to ensure a fair and expeditious trial and avoid a multiplicity
of court appearances.
Opening statements - not part of the evidence, these orations made by the lawyers on each side gives
an overview of the evidence that will be presented during the trial.
Opinion - conclusion reported by a witness who qualified as an expert on a given subject.
Order - any written directive of a court or judge other than a judgment.
Order to show cause - order to appear in court and present reasons why a particular order should not
be executed.
Overrule - judge's decision not to allow an objection.Decision by a higher court finding that a lower
court
Pardon - a form of executive clemency removing or extinguishing criminal convictions.
Physical evidence - any tangible article that tends to prove or disprove a point in question.
Plain view - an exception to the requirement for a search warrant,when there is an evidence of a
crime in plain view by a person who sees it lawfully.
Plaintiff - the complaining party in litigation.

Plea - in a criminal proceeding, it is the defendant's declaration in open court that he or she is guilty or
not guilty.The defendant's answer to the charges made in the information.
Plea bargaining - the process through which an accused person and a prosecutor negotiate a mutually
satisfactory disposition of a case.
Preliminary hearing - in criminal law, the hearing at which a judge determines whether there is
sufficient evidence against a person charged with a crime to warrant holding him or her for trial.
Preponderance of evidence - the standard for a judgment in a civil suit, the evidence for one side
outweighs that of the other even a slight margin.
Presumption - an inference resulting from a rule of law or the proven existence of a fact that requires
such rule or action to be established in the action.
Pre-trial conference - a meeting between the judge and the lawyers involved in a lawsuit to narrow
the issues in the suit, agree on what will be presented at the trial and make a final effort to settle the
case without trial.
Prima facie evidence - evidence that, in the judgment of the law, is good and sufficient to establish a
given fact or a chain of facts making up a party's claim or defense.If such evidence is unexplained or
uncontradicted, it is sufficient to obtain a favorable judgment for the issue it supports, may be
contradicted by other evidence.
Probable cause - a reasonable ground for suspicion, supported by the circumstances sufficiently
strong to justify the issuance of a search warrant or to make an arrest.Reasonable ground for believing
that a crime has been committed or that the person committed the crime.
Prosecutor - a trial lawyer representing the government in a criminal case.
Protective custody - the confinement or guardianship of an individual by law enforcement with the

objective of preventing an assault or other crimes against him/her.

Public defender - (ex.PAO)government lawyer who provides free legal defense services to a poor
person accused of crime.
Putative father - a man accused but not proven to be the biological father of an offspring.
Quid pro Quo - something for something, as in making a deal (ex.plea bargaining)
Rape - sexual intercourse between a man and a woman without the women's consent.
Reasonable doubt - doubt that arises from evidence or lack thereof and would be entertained by a
reasonable or prudent person.Reasonable doubt requires acquittal.
Reasonable suspicion - a term referring to police officer's justification for stopping and frisking a
person.A mere hunch is not a reasonable suspicion.
Rebuttal - the presentation of evidence to counter or disprove facts previously introduced by the
adverse party.
Recess - an adjournment of a trial or a hearing that is temporary and occurs after the commencement
of the trial.If there is going to be a substantial delay, it is called continuance.A temporary dismissal is
called sine die.
Record - document that furnishes objective evidence of activities performed or results achieved.
Recross - to cross-examine a witness a second time after redirect examination.
Re-direct examination - opportunity to present rebuttal evidence after one's evidence has been
subjected to cross-examination.
Redirect questioning - questioning by the original attorney that follows the opposing counsel's crossexamination.

Release on recognizance - a court order releasing a defendant from custody on the defendant's written
promise to appear in court when the defendant's case is scheduled for hearing, trial or other
proceeding.A defendant who is released on recognizance is not required to deposit money or other
property with the court in order to be released.
Res gestae - all of the things done or words spoken in the course of the transaction or event;A record
of what was said or done in the first moments of an investigation.
Rest - a party is said o have rest its case when it has presented all of the evidence in intends to offer.
Robbery - felonious taking of another's property from his person or immediate presence and against
his will by means of force or fear.
Rules of evidence - standards governing whether evidence in a civil or criminal case is admissible.
Search and seizure - the body of law that covers the issue of examining a persons property with the
intention of finding evidence not in plain view (search) and taking possession of that property against
the will of its owner or possessor (seizure)
Sentence - a court's determination of the punishment to be inflicted on a person convicted of a crime.
Sentencing - last stage of criminal prosecution in which a convicted defendant is imprisoned,
fined, ordered to pay restitution, or granted a conditional release from custody.
Sequestration of witnesses - also called separation of witnesses, prevents a witness from being
influenced by the testimony of a prior witness.
Statute of limitation - the time within which a lawsuit must be brought ot the time within which
evidence must be analyzed.
Stipulation - an agreement by both sides of a case about some aspect of a lawsuit or criminal trial.
Subpoena - a written command summoning a specific individual to appear in court under penalty for

failure to do so.
Subpoena duces tecum - a court order commanding a witness to bring certain documents or records
to court.
Subrogation - substituting one creditor for another.
Summary judgment - decision made by a trial court based on written documentation submitted
before any trials occur.
Summons - a notice to the defendant that he/she has been sued and is required to appear in court.
Suppression hearing - a hearing before a judge, in which one of the attorney's argues that certain
evidence should not be admitted at trial.
Temporary restraining order - (TRO) a judge's order forbidding certain actions until a full hearing
can be heard.
Testimony - evidence given by a witness under oath. does not include evidence from documents and
other physical evidence.
Trial - judicial examination and determination of issues of law and fact disputed by parties to lawsuit.
Trial court - local court that initially hears all cases in dispute.
Validation - confirmation by examination and provision of objective evidence that the particular
requirements for a specific intended use are fulfilled.
Venue - synonymous with the place of trial.
Wanton - characterized by reckless disregard of consequences and the safety and welfare of others.
Warrant - a court order authorizing law enforcement officers to make an arrest or conduct a search.

Warrant of Arrest - an order issued by a judge for the arrest of a person.

Witness - one who testifies to what he/she has seen, heard, or otherwise experienced.
Writ - a mandatory precept issued by an authority in the name of the sovereign or the state for the
purpose of compelling a person to do something.