Legal Definitions - evidence

In a legal context, evidence refers to any information or object presented in a court of law or other legal proceeding to help a judge or jury determine the truth of a disputed fact. Its purpose is to make a particular claim or assertion more or less likely to be true. This can include spoken statements (known as testimony), written records, physical items, or digital data. However, not all information is allowed in court; it must meet specific legal standards, known as "rules of evidence," to be considered admissible.

• Criminal Trial for Burglary

  Imagine a homeowner reports a burglary. During the investigation, police find fingerprints on a window sill that match a suspect's, a security camera video shows an individual resembling the suspect entering the property, and a neighbor testifies that they saw the suspect near the house around the time of the incident.

  These items—the fingerprints, the video footage, and the neighbor's testimony—all serve as evidence. They are presented to the court to make the claim that the suspect committed the burglary more probable. The defense, in turn, might present evidence such as an alibi witness or a receipt showing the suspect was elsewhere, to make the claim less probable.

• Civil Lawsuit for Breach of Contract

  Consider a small business suing a supplier for failing to deliver goods as agreed. The business presents the signed contract outlining the delivery terms, emails exchanged between the parties discussing the delayed shipment, and financial records showing losses incurred due to the lack of goods.

  Here, the contract, emails, and financial records are all forms of evidence. They are used to demonstrate to the court that a contract existed, that the supplier failed to uphold their part of the agreement, and that the business suffered damages as a result, thereby making the claim of breach of contract more likely to be true.

• Child Custody Dispute

  In a family court case, two parents are seeking primary custody of their child. One parent might present the child's school report cards showing their consistent involvement in academic progress, a doctor's note confirming they regularly attend the child's medical appointments, and testimony from a child psychologist recommending their home environment. The other parent might present their own similar documents and testimony.

  These documents and testimonies are evidence. They are presented to the court to help the judge determine which parent can provide a more stable and supportive environment for the child, making one parent's claim for primary custody more probable in the eyes of the court.