Evidence Vocabulary

circumstantial

evidence based on inference and not on personal knowledge or observation

rebuttal

evidence offered to disprove or contradict the evidence presented by an opposing party

conclusive

evidence so strong as to overbear any other evidence to the contrary

exculpatory

evidence tending to establish a criminal defendant's innocence

incriminating

evidence tending to establish guilt or from which a trier-of-fact can infer guilt

foundational

evidence that determines the admissibility of other evidence

corroborating

evidence that differs from but strengthens or confirms other evidence

derivative

evidence that is discovered as a result of illegally obtained evidence and is therefore inadmissible because of the primary taint

tainted

evidence that is inadmissible because it is directly or indirectly obtained by illegal means

probation

evidence that tends to prove or disprove a point in issue

prima facie

evidence that will establish a fact or sustain judgement unless contradictory evidence is produced

conflicting

irreconcilable evidence that comes from different sources

hearsay

testimony that is given by a witness who relates not what he or she knows personally but what others have said and is therefore dependent on the credibility of someone other than the witness