Legal Definitions - competent evidence

Competent evidence refers to any information, testimony, or physical objects presented in a legal proceeding that meets all the necessary legal requirements to be considered by the court or decision-maker. For evidence to be deemed competent, it must be:

• Relevant: It must logically tend to prove or disprove a significant fact in the case.
• Reliable: It must be trustworthy and not based on speculation or improper sources.
• Admissible: It must comply with all rules of evidence, meaning it was obtained legally and does not violate any procedural or substantive laws (e.g., it's not hearsay unless an exception applies, it's not privileged information).

In essence, competent evidence is the material that the law allows to be heard, examined, and weighed by a judge or jury because it is considered appropriate and sufficient to help resolve the dispute.

Examples of Competent Evidence:

• In a Breach of Contract Lawsuit:

  Imagine a small business owner sues a supplier for failing to deliver a crucial order on time, causing the business significant financial losses. The business owner presents a signed written contract detailing the delivery date and terms, email exchanges between both parties discussing the order status, and bank statements showing the payment made to the supplier.

  Explanation: These items constitute competent evidence because the written contract directly establishes the agreement and its terms. The emails provide relevant communication regarding performance, and the bank statements confirm the financial transaction. All are reliable documents created in the ordinary course of business, directly relevant to proving the existence of the contract, its breach, and the financial impact, making them legally admissible.

• In a Personal Injury Claim:

  Consider a pedestrian who was hit by a car and is suing the driver for negligence, seeking compensation for medical bills and lost wages. The pedestrian's legal team presents a certified copy of the police report from the accident scene, detailed medical records and bills from the hospital and treating physicians, and testimony from an independent eyewitness who observed the collision.

  Explanation: The police report is an official, contemporaneous record of the incident. The medical records and bills are professional documents directly linking the accident to the injuries and associated costs. The eyewitness testimony, if credible and based on direct observation, is relevant to establishing the driver's actions and potential negligence. Each piece of evidence is legally admissible and directly supports the claims of injury and damages, thus being competent.

• In an Employment Discrimination Hearing:

  Suppose an employee files a complaint with an administrative agency, alleging they were denied a promotion due to their age. The employee submits internal company memos outlining the promotion criteria, their own performance reviews showing consistent excellent ratings, and a statistical analysis prepared by an expert demonstrating a pattern of younger, less qualified candidates being promoted over older, more qualified ones within the company.

  Explanation: The company memos and performance reviews are official records directly relevant to the promotion process and the employee's qualifications. The expert's statistical analysis, if conducted using sound methodology, provides relevant data to support the claim of discriminatory patterns. This evidence is considered competent because it directly addresses the elements of the discrimination claim and is presented in a form acceptable to the administrative tribunal.