Evidence : (noun)
1: your basis for belief or disbelief; knowledge on which to
base belief; "the evidence that smoking causes lung
cancer is very compelling" [syn: grounds]
2: an indication that makes something evident; "his trembling
was evidence of his fear"
3: (law) all the means by which any alleged matter of fact
whose truth is investigated at judicial trial is
established or disproved
(verb)
1: provide evidence for; stand as proof of; show by one's
behavior, attitude, or external attributes; "His high
fever attested to his illness"; "The buildings in Rome
manifest a high level of architectural sophistication";
"This decision demonstrates his sense of fairness" [syn:
attest, certify, manifest, demonstrate]
2: provide evidence for; "The blood test showed that he was the
father"; "Her behavior testified to her incompetence"
[syn: testify, bear witness, prove, show]
3: give evidence; "he was telling on all his former colleague"
[syn: tell]
Based on WordNet 2.0
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King \King\, n.[AS. cyng, cyning; akin to OS. kuning, D. koning,
OHG. kuning, G. k["o]nig, Icel. konungr, Sw. konung, Dan.
konge; formed with a patronymic ending, and fr. the root of
E. kin; cf. Icel. konr a man of noble birth. [root]44. See
Kin.]
1. A chief ruler; a sovereign; one invested with supreme
authority over a nation, country, or tribe, usually by
hereditary succession; a monarch; a prince. ``Ay, every
inch a king.'' --Shak.
Kings will be tyrants from policy, when subjects are
rebels from principle. --Burke.
There was a State without king or nobles. --R.
Choate.
But yonder comes the powerful King of Day, Rejoicing
in the east --Thomson.
2. One who, or that which, holds a supreme position or rank;
a chief among competitors; as, a railroad king; a money
king; the king of the lobby; the king of beasts.
3. A playing card having the picture of a king; as, the king
of diamonds.
4. The chief piece in the game of chess.
5. A crowned man in the game of draughts.
6. pl. The title of two historical books in the Old
Testament.
Note: King is often used adjectively, or in combination, to
denote pre["e]minence or superiority in some
particular; as, kingbird; king crow; king vulture.
Apostolic king.See Apostolic.
King-at-arms, or King-of-arms, the chief heraldic officer
of a country. In England the king-at-arms was formerly of
great authority. His business is to direct the heralds,
preside at their chapters, and have the jurisdiction of
armory. There are three principal kings-at-arms, viz.,
Garter, Clarencieux, and Norroy. The latter (literally
north roy or north king) officiates north of the Trent.
King auk (Zo["o]l.), the little auk or sea dove.
King bird of paradise. (Zo["o]l.), See Bird of paradise.
King card, in whist, the best unplayed card of each suit;
thus, if the ace and king of a suit have been played, the
queen is the king card of the suit.
King Cole, a legendary king of Britain, who is said to have
reigned in the third century.
King conch (Zo["o]l.), a large and handsome univalve shell
({Cassis cameo), found in the West Indies. It is used for
making cameos. See Helmet shell, under Helmet.
King Cotton, a popular personification of the great staple
production of the southern United States.
King crab. (Zo["o]l.)
(a) The limulus or horseshoe crab. See Limulus.
(b) The large European spider crab or thornback ({Maia
squinado).
King crow. (Zo["o]l.)
(a) A black drongo shrike ({Buchanga atra) of India; --
so called because, while breeding, they attack and
drive away hawks, crows, and other large birds.
(b) The Dicrurus macrocercus of India, a crested bird
with a long, forked tail. Its color is black, with
green and blue reflections. Called also devil bird.
King duck (Zo["o]l.), a large and handsome eider duck
({Somateria spectabilis), inhabiting the arctic regions
of both continents.
King_eagle_(Zo["o]l.),_an_eagle_({Aquila_heliaca">King eagle (Zo["o]l.), an eagle ({Aquila heliaca) found in
Asia and Southeastern Europe. It is about as large as the
golden eagle. Some writers believe it to be the imperial
eagle of Rome.
King_hake_(Zo["o]l.),_an_American_hake_({Phycis_regius">King hake (Zo["o]l.), an American hake ({Phycis regius),
fond in deep water along the Atlantic coast.
King monkey (Zo["o]l.), an African monkey ({Colobus
polycomus), inhabiting Sierra Leone.
King mullet (Zo["o]l.), a West Indian red mullet ({Upeneus
maculatus); -- so called on account of its great beauty.
Called also goldfish.
King of terrors, death.
King parrakeet (Zo["o]l.), a handsome Australian parrakeet
({Platycercys scapulatus), often kept in a cage. Its
prevailing color is bright red, with the back and wings
bright green, the rump blue, and tail black.
King penguin (Zo["o]l.), any large species of penguin of
the genus Aptenodytes; esp., A. longirostris, of the
Falkland Islands and Kerguelen Land, and A. Patagonica,
of Patagonia.
King rail (Zo["o]l.), a small American rail ({Rallus
elegans), living in fresh-water marshes. The upper parts
are fulvous brown, striped with black; the breast is deep
cinnamon color.
King salmon (Zo["o]l.), the quinnat. See Quinnat.
King's, or Queen's, counsel (Eng. Law), barristers
learned in the law, who have been called within the bar,
and selected to be the king's or queen's counsel. They
answer in some measure to the advocates of the revenue
(advocati fisci) among the Romans. They can not be
employed against the crown without special license.
--Wharton's Law Dict.
King's cushion, a temporary seat made by two persons
crossing their hands. [Prov. Eng.] --Halliwell.
The king's English, correct or current language of good
speakers; pure English. --Shak.
King's or Queen's, evidence, testimony in favor of the
Crown by a witness who confesses his guilt as an
accomplice. See under Evidence. [Eng.]
King's evil, scrofula; -- so called because formerly
supposed to be healed by the touch of a king.
King snake (Zo["o]l.), a large, nearly black, harmless
snake ({Ophiobolus getulus) of the Southern United
States; -- so called because it kills and eats other kinds
of snakes, including even the rattlesnake.
King's spear (Bot.), the white asphodel ({Asphodelus
albus).
King's yellow, a yellow pigment, consisting essentially of
sulphide and oxide of arsenic; -- called also yellow
orpiment.
King tody (Zo["o]l.), a small fly-catching bird
({Eurylaimus serilophus) of tropical America. The head is
adorned with a large, spreading, fan-shaped crest, which
is bright red, edged with black.
King vulture (Zo["o]l.), a large species of vulture
({Sarcorhamphus papa), ranging from Mexico to Paraguay,
The general color is white. The wings and tail are black,
and the naked carunculated head and the neck are
briliantly colored with scarlet, yellow, orange, and blue.
So called because it drives away other vultures while
feeding.
King wood, a wood from Brazil, called also violet wood,
beautifully streaked in violet tints, used in turning and
small cabinetwork. The tree is probably a species of
Dalbergia. See Jacaranda.
Based on Webster's Revised Unabridged Dictionary
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Evidence : \Ev"i*dence\, v. t. [imp. & p. p. Evidenced; p, pr. &
vb. n. Evidencing.]
To render evident or clear; to prove; to evince; as, to
evidence a fact, or the guilt of an offender. --Milton.
Based on Webster's Revised Unabridged Dictionary
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Evidence : \Ev"i*dence\, n. [F. ['e]vidence, L. Evidentia. See
Evident.]
1. That which makes evident or manifest; that which
furnishes, or tends to furnish, proof; any mode of proof;
the ground of belief or judgement; as, the evidence of our
senses; evidence of the truth or falsehood of a statement.
Faith is . . . the evidence of things not seen.
--Heb. xi. 1.
O glorious trial of exceeding love Illustrious
evidence, example high. --Milton.
2. One who bears witness. [R.] ``Infamous and perjured
evidences.'' --Sir W. Scott.
3. (Law) That which is legally submitted to competent
tribunal, as a means of ascertaining the truth of any
alleged matter of fact under investigation before it;
means of making proof; -- the latter, strictly speaking,
not being synonymous with evidence, but rather the effect
of it. --Greenleaf.
Circumstantial evidence, Conclusive evidence, etc. See
under Circumstantial, Conclusive, etc.
Crown's, King's, or Queen's evidence, evidence for the
crown. [Eng.]
State's evidence, evidence for the government or the
people. [U. S. ]
To turn King's, Queen's or State's evidence, to confess
a crime and give evidence against one's accomplices.
Syn: Testimony; proof. See Tesimony.
Based on Webster's Revised Unabridged Dictionary
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EVIDENCE. That which demonstrates, makes clear, or ascertains the truth of
the very fact or point in issue; 3 Bl. Com. 367; or it is whatever is
exhibited to a court or jury, whether it be by matter of record, or writing,
or by the testimony of witnesses, in order to enable them to pronounce with
certainty; concerning the truth of any matter in dispute; Bac. Ab. Evidence,
in pr.; or it is that which is legally submitted to a jury, to enable them
to decide upon the questions in dispute or issue, as pointed out by the
pleadings and distinguished from all comment or argument. 1 Stark. Ev. 8.
2.Evidence : may be considered with reference to, 1. The nature of the
evidence. 2. The object of the evidence. 3. The instruments of evidence. 4.
The effect of evidence. 1. As to its nature, evidence may be considered with
reference to its being 1. Primary evidence. 2. Secondary evidence. 3.
Positive. 4. Presumptive. 5. Hearsay. 6. Admissions.
4.-1. Primary evidence. The law generally requires that the best
evidence the case admits of should be given; B. N. P. 293; 1 Stark. Ev. 102,
390; for example, when a written contract has been entered into, and the
object is to prove what it was, it is requisite to produce the original
writing if it is to be attained, and in that case no copy or other inferior
evidence will be received.
5. To this general rule there are several exceptions. 1. As it refers
to the quality rather than to the quantity of evidence, it is evident that
the fullest proof that every case admits of, is not requisite; if,
therefore, there are several eye-witnesses to a fact, it may be sufficiently
proved by one only.
2. It is not always requisite, when the matter to be proved has been
reduced to writing, that the writing should be produced; as, if the
narrative of a fact to be proved has been committed to writing, it may yet
be proved by parol evidence. A receipt for the payment of money, for
example, will not exclude parol evidence of payment. 14 Esp. R. 213; and see
7 B. & C. 611; S. C. 14 E. C. L. R. 101; 1 Campb. R. 439; 3 B. & A. 566; 6
E. C. L. R. 377.
6.-2. Secondary evidence. That species of proof which is admissible
on the loss of primary evidence, and which becomes by that event the best
evidence. 3 Yeates, Rep. 530.
7. It is a rule that the best evidence, or that proof which most
certainly exhibits the true state of facts to which it relates, shall be
required, and the law rejects secondary or inferior evidence, when it is
attempted to be substituted for evidence of a higher or superior nature.
This is a rule of policy, grounded upon a reasonable suspicion, that the
substitution of inferior for better evidence arises from sinister motives;
and an apprehension that the best evidence, if produced, would alter the
case to the prejudice of the party. This rule relates not to the measure and
quantity of evidence, but to its quality when compared with some other
evidence of superior degree. It is not necessary in point of law, to give
the fullest proof that every case may admit of. If, for example, there be
several eye witnesses to a fact, it may be proved by the testimony of one
only.
8. When primary evidence cannot be had, then secondary evidence will be
admitted, because then it is the best. But before such evidence can be
allowed, it must be clearly made to appear that the superior evidence is not
to be had. The person who possesses it must be applied to, whether he be a
stranger or the opposite party; in the case of a stranger, a subpoena and
attachment, when proper, must be taken out and served; and, in the case of a
party, notice to produce such primary evidence must be proved before the
secondary evidence will be admitted. 7 Serg. & Rawle, 116; 6 Binn. 228; 4
Binn. R. 295, note; 6 Binn. R. 478; 7 East, R. 66; 8 East, R. 278 3 B. & A.
296; S. C. 5 E. C. L. R. 291.
9. After proof of the due execution of the original, the contents
should be proved by a counterpart, if there be one, for this is the next
best evidence; and it seems that no evidence of a mere copy is admissible
until proof has been given that the counterpart cannot be produced. 6 T. R.
236. If there be no counterpart, a copy may be proved in evidence. by any
witness who knows that it is a copy, from having compared it with the
original. Bull. N. P. 254; 1 Keb. 117; 6 Binn. R. 234; 2 Taunt. R. 52; 1
Campb. R. 469 8 Mass. R. 273. If there be no copy, the party may produce an
abstract, or even give parol evidence of the contents of a deed. 10 Mod. 8;
6 T. R. 556.
10. But it has been decided that there are no degrees in secondary
evidence: and when a party has laid the foundation for such evidence, he may
prove the contents of a deed by parol, although it appear that an attested
copy is in existence. 6 C. & P. 206; 8 Id. 389.
11.-3. Positive or direct evidence is that which, if believed,
establishes the truth of a fact in issue, and does not arise from any
presumption. Evidence is direct and positive, when the very facts in dispute
are communicated by those who have the actual knowledge of them by means of
their senses. 1 Phil. Ev. 116 1 Stark. 19. In one sense, there is but little
direct or positive proof, or such proof as is acquired by means of one's own
sense, all other evidence is presumptive but, in common acceptation, direct
and positive evidence is that which is communicated by one who has actual
knowledge of the fact.
12.-4. Presumptive evidence is that which is not direct, but where, on
the contrary, a fact which is not positively known, is presumed or inferred
from one or more other facts or circumstances which are known. Vide article
Presumption, and Rosc. Civ. Ev. 13; 1 Stark. Ev. 18.
13.-5. Hearsay, is the evidence of those who relate, not what they
know themselves, but what they have heard from others.
14. Such mere recitals or assertions cannot be received in evidence, for
many reasons, but principally for the following: first, that the party
making such declarations is not on oath and, secondly, because the party
against whom it operates, has no opportunity of cross-examination. 1 Phil.
Ev. 185. See, for other reasons, 1 Stark. Ev. pt. 1, p. 44. The general rule
excluding hearsay evidence, does not apply to those declarations to which
the party is privy, or to admissions which he himself has made. See
Admissions.
15. Many facts, from their very nature, either absolutely, or usually
exclude direct evidence to prove them, being such as are either necessarily
or usually, imperceptible by the senses, and therefore incapable of the
ordinary means of proof. These are questions of pedigree or relationship,
character, prescription, custom, boundary, and the like; as also questions
which depend upon the exercise of particular skill and judgment. Such facts,
some from their nature, and others from their antiquity, do not admit of the
ordinary and direct means of proof by living witnesses; and, consequently,
resort must be had to the best means of proof which the nature of the cases
afford. See Boundary; Custom; Opinion; Pedigree; Prescription.
16.-6. Admissions are the declarations which a party by himself, or
those who act under his authority, make of the existence of certain facts.
Vide Admissions.
17.- 2. The object of evidence is next to be considered. It is to
ascertain the truth between the parties. It has been discovered by
experience that this is done most certainly by the adoption of the following
rules, which are now binding as law: 1. The evidence must be confined to the
point in issue. 2. The substance of the issue must be proved, but only the
substance is required to be proved. 3. The affirmative of the issue must be
proved.
18.-1. It is a general rule, both in civil and criminal cases, that
the evidence shall be confined to the point in issue. Justice and
convenience require the observance of this rule, particularly in criminal
cases, for when a prisoner is charged with an offence, it is of the utmost
importance to him that the facts laid before the jury should consist
exclusively of the transaction, which forms the subject of the indictment,
and, which alone he has come prepared to answer. 2 Russ. on Cr. 694; 1 Phil.
Ev. 166.
19. To this general rule, there are several exceptions, and a variety of
cases which do not fall within the rule. 1. In general, evidence of
collateral facts is not admissible; but when such a fact is material to the
issue joined between the parties, it may be given in evidence; as, for
example, in order to prove that the acceptor of a bill knew the payee to be
a fictitious person; or that the drawer had general authority from him to
fill up bills with the name of a fictitious payee, evidence may be given to
show that he had accepted similar bills before they could, from their date,
have arrived from the place of date. 2 H. Bl. 288.
20.-2. When special damage sustained by the plaintiff is not stated in
the declaration, it is Dot one of the points in issue, and therefore,
evidence of it cannot be received; yet a damage which is the necessary
result of the defendant's breach of contract, may be proved, notwithstanding
it is not in the declaration. 11 Price's Reports, 19.
21.-3. In general, evidence of the character of either party to a suit
is inadmissible, yet in some cases such evidence may be given. Vide article
Character.
22.-4. When evidence incidentally applies to another person or thing
not included in the transaction in question, and with regard to whom or to
which it is inadmissible; yet if it bear upon the point in issue, it will be
received. 8 Bingh. Rep. 376; S. C. 21 Eng. C. L. R. 325 and see 1 Phil. Ev.
158; 2 East, P. C. 1035; 2 Leach, 985; S. C. 1 New Rep. 92; Russ. & Ry. C.
C. 376; 2 Yeates, 114; 9 Conn. Rep. 47.
23.-5. The acts of others, as in the case of conspirators, may be
given in evidence against the prisoner, when referable to the issue; but
confessions made by one of several conspirators after the offence has been
completed, and when the conspirators no longer act in concert) cannot be
received. Vide article Confession, and 10 Pick. 497; 2 Pet. Rep. 364; 2
Brec. R. 269; 3 Serg. & Rawle, 9; 1 Rawle, 362, 458; 2 Leigh's R. 745; 2
Day's Cas. 205; 3 Serg. & Rawle, 220; 3 Pick. 33; 4 Cranch, 75; 2 B. & A.
573-4 S. C. 5. E. C. L. R. 381.
24.-6. In criminal cases, when the offence is a cumulative one,
consisting itself in the commission of a number of acts, evidence of those
acts is not only admissible, but essential to support the charge. On an
indictment against a defendant for a conspiracy, to cause himself, to be
believed a man of large property, for the purpose of defrauding tradesmen
after proof of a representation to one tradesman, evidence may therefore be
given of a representation to another tradesman at a different time. 1 Campb.
Rep. 399; 2 Day's Cas. 205; 1 John. R. 99; 4 Rogers' Rec. 143; 2 Johns. Cas.
193.
25.-7. To prove the guilty knowledge of a prisoner, with regard to the
transaction in question, evidence of other offences of the same kind,
committed by the prisoner, though not charged in the indictment, is
admissible against him. As in the case where a prisoner had passed a
counterfeit dollar, evidence that he had. other counterfeit dollars in his
possession is evidence to prove the guilty knowledge. 2 Const. R. 758; Id.
776; 1 Bailey, R. 300; 2 Leigh's R. 745; 1 Wheeler's Cr. Cas. 415; 3 Rogers'
Rec. 148; Russ. & Ry. 132; 1 Campb. Rep. 324; 5 Randolph's R. 701.
26.-2. The substance of the issue joined between the parties must be
proved. 1 Phil. Ev. 190. Under this rule will be considered the quantity of
evidence required to support particular averments in the declaration or
indictment.
27. And, first, of civil cases. 1. It is a fatal variance in a contract,
if it appear that a party who ought to have been joined as plaintiff has
been omitted. 1 Saund. 291 b, n.; 2 T. R. 282. But it is no variance to omit
a person who might have been joined as defendant, because the non-joinder
ought to have been pleaded in abatement. 1 Saund. 291 d, n. 2. The
consideration of the contract must be proved but it is not necessary for the
plaintiff to set out in his declaration, or prove on the trial, the several
parts of a contract consisting of distinct and collateral provisions; it is
sufficient to state so much of the contract as contains the entire
consideration of the act, and the entire act to be done in virtue of such
consideration, including the time, manner, and other circumstances of its
performance. 6 East, R. 568; 4 B. & A. 387; 6 E. C. L. R. 455.
28.-Secondly. In criminal cases, it may be laid down, 1. That it is,
in general, sufficient to prove what constitutes an offence. It is enough to
prove so much of the indictment as shows that the defendant has committed a
substantive crime therein specified. 2 Campb. R. 585; 1 Harr. & John. 427.
If a man be indicted for robbery, he may be found guilty of larceny, and not
guilty of the robbery. 2 Hale, P. C. 302. The offence of which the party is
convicted, must, however, be of the same class with that of which he is
charged. 1 i Leach, 14; 2 Stra. 1133.
29.-2. When the intent of the prisoner furnishes one of the
ingredients in the offence, and several intents are laid in the indictment,
each of which, together with the act done, constitutes an offence, it is
sufficient to prove one intent only. 3 Stark. R. 35; 14 E. C. L. R. 154,
163.
30.-3. When a person or thing, necessary to be mentioned in an
indictment, is described with circumstances of greater particularity than is
requisite, yet those circumstances must be proved. 3 Rogers' Rec. 77; 3
Day's Cas. 283. For example, if a party be charged with stealing a black
horse, the evidence must correspond with the averment, although it was
unnecessary to make it. Roscoe's Cr. Ev. 77 4 Ohio, 350.
31.-4. The name of the prosecutor, or party injured; must be proved as
laid, and the rule is the same with reference to the name of a third person
introduced into the indictment, as. descriptive of some person or thing.
32.-5. The affirmative of the issue must be proved. The general rule
with regard to the burthen of proving the issue, requires that the party who
asserts the, affirmative should prove it. But this rule ceases to operate
the moment the presumption of law is thrown into the other scale. When the
issue is on the legitimacy of a child therefore, it is incumbent on the
party asserting the illegitimacy to prove it. 2 Selw. N. P. 709. Vide Onus
Probandi; Presum 2 Gall. R. 485 and 1 McCord, 573.
33.-3. The consideration of the instruments of evidence will be the
subject of this head. These consist of records, private writings, or
witnesses.
34.-1. Records are to be proved by an exemplification, duly
authenticated, (Vide Authentication, in all cases where the issue is nul
tiel record. In other cases, an examined copy, duly proved, will, in
general, be evidence. Foreign laws as proved in the mode pointed out under
the article Foreign laws.
35.-2. Private writings are proved by producing the attesting witness;
or in case of his death, absence, or other legal inability to testify, as
if, after attesting the paper, he becomes infamous, his handwriting may be
proved. When there is no witness to the instrument, it may be proved by the
evidence of the handwriting of the party, by a person who has seen him
write, or in a course of correspondence has become acquainted with his hand.
See Comparison of handwriting, and 5 Binn. R. 349; 10 Serg. & Rawle, 110; 11
Serg. & Rawle, 333 3 W. C. C. R. 31; 11 Serg. & Rawle, 347 6 Serg. & Rawle,
12, 812; 1 Rawle, R. 223; 3 Rawle, R. 312; 1 Ashm. R. 8; 3 Penn. R. 136.
36. Books of original entry, when duly proved, are prima facie evidence
of goods sold and delivered, and of work and labor done. Vide original
entry.
37.-3. Proof by witnesses. The testimony of witnesses is called parol
evidence, or that which is given viva voce, as contra-distinguished from
that which is written or documentary. It is a general rule, that oral
evidence shall in no case be received as equivalent to, or as a substitute
for, a written instrument, where the latter is required by law; or to give
effect to a written instrument which is defective in any particular which by
law is essential to its validity; or to contradict, alter or vary a written
instrument, either appointed by law, or by the contract of the parties, to
be the appropriate and authentic memorial of the particular facts it
recites; for by doing so, oral testimony would be admitted to usurp the
place of evidence decidedly superior in degree. 1 Serg. & Rawle, 464; Id.
27; Addis. R. 361; 2 Dall. 172; 1 Yeates, 140; 1 Binn. 616; 3 Marsh. Ken. R.
333; 4 Bibb, R. 473; 1 Bibb, R. 271; 11 Mass. R. 30; 13 Mass. R. 443; 3
Conn. 9; 20 Johns. 49; 12 Johns. R. 77; 3 Camp. 57; 1 Esp. C. 53; 1 M. & S.
21; Bunb. 175.
38. But parol evidence is admissible to defeat a written instrument, on
the ground of fraud, mistake, &c., or to apply it to its proper subject
matter; or, in some instances, as ancillary to such application, to explain
the meaning of doubtful terms, or to rebut presumptions arising
extrinsically. In these cases, the parol evidence does not usurp the place,
or arrogate the authority of, written evidence, but either shows that the
instrument ought not to be allowed to operate at all, or is essential in
order to give to the instrument its legal effect. 1 Murph. R. 426 4 Desaus.
R. 211; 1 Desaus. R. 345 1 Bay, R. 247; 1 Bibb, R. 271 11 Mass. R. 30; see 1
Pet. C. C. R. 85 1 Binn. R. 610; 3 Binn. R.
587: 3 Serg. Rawle, 340; Poth.
Obl. Pl. 4, c. 2.
39.-4. The effect of evidence. Under this head will be considered,
1st. The effect of judgments rendered in the United States, and of records
lawfully made in this country; and, 2d. The effect of foreign judgments and
laws.
40.-1. As a general rule, a judgment rendered by a court of competent
jurisdiction, directly upon the point in issue, is a bar between the same
parties: 1 Phil. Ev. 242; and privies in blood, as an heir 3 Mod. 141; or
privies in estate 1 Ld. Raym. 730; B. N. P. 232; stand in the same
situation. as those they represent; the verdict and judgment may be used for
or against them, and is conclusive. Vide Res Judicata.
41. The Constitution of the United States, art. 4, s. 1, declares, that
"Full faith and credit shall be given, in each state, to the public acts,
records, and judicial proceedings of every other state. And congress may, by
general laws, prescribe the manner in which Such acts, records and
proceedings, shall be proved, and the effect thereof." Vide article
Authentication and 7 Cranch, 481; 3 Wheat. R. 234 10 Wheat. R. 469; 17 Mass.
R. 546; 9 Cranch, 192; 2 Yeates, 532; 7 Cranch, 408; 3 Bibb's R. 369; 5
Day's R. 563; 2 Marsh. Kty. R. 293.
42.-2. As to the effect of foreign laws, see article Foreign Laws. For
the force and effect of foreign judgments, see article Foreign Judgments.
Vide, generally, the Treatises on Evidence, of Gilbert, Phillips, Starkie,
Roscoe, Swift, Bentham, Macnally, Peake, Greenleaf, and Bouv. Inst. Index,
h.t.; the various Digests, h.t.
Based on Bouvier's Law Dictionary, Revised 6th Ed (1856) [Bouvier_Law_Dictionary]:
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EVIDENCE, CIRCUMSTANTIAL. The proof of facts which usually attend other
facts sought to be, proved; that which is not direct evidence. For example,
when a witness testifies that a man was stabbed with a knife, and that a
piece of the blade was found in the wound, and it is found to fit exactly
with another part of the blade found in the possession of the prisoner; the
facts are directly attested, but they only prove circumstances, and hence
this is called circumstantial evidence.
2. CircumstantialEvidence : is of two kinds, namely, certain and
uncertain. It is certain when the conclusion in question necessarily follows
as, where a man had received a mortal wound, and it was found that the
impression of a bloody left hand had been made on the left arm of the
deceased, it was certain some other person than the deceased must have made
such mark. 14 How. St. Tr. 1324. But it is uncertain whether the death was
caused by suicide or by murder, and whether the mark of the bloody hand was
made by the assassin, or by a friendly hand that came too late to the relief
of the deceased. Id. Vide Circumstances.
Based on Bouvier's Law Dictionary, Revised 6th Ed (1856) [Bouvier_Law_Dictionary]:
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EVIDENCE, EXTRINSIC. External evidence, or that which is not contained in
the body of an agreement, contract, and the like.
2. It is a general rule that extrinsicEvidence : cannot be admitted to
contradict, explain, vary or change the terms of a contract or of a will,
except in a latent ambiguity, or to rebut a resulting trust. 14 John. 1; 1
Day, R. 8; 6 Conn. 270.
Based on Bouvier's Law Dictionary, Revised 6th Ed (1856) [Bouvier_Law_Dictionary]:
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EVIDENCE, CONCLUSIVE. That which, while uncontradicted, satisfies the judge
and jury it is also that which cannot be contradicted.
2. The record of a court of common law jurisdiction is conclusive as to
the facts therein stated. 2 Wash. 64; 2 H. 55; 6 Conn. 508, But the judgment
and record of a prize court is not conclusiveEvidence : in the state courts,
unless it had jurisdiction of the subject-matter; and whether it had or not,
the state courts may decide. 1 Conn. 429. See as to the conclusiveness of
the judgments of foreign courts of admiralty, 4 Cranch, 421, 434; 3 Cranch,
458; Gilmer, 16 Const. R. 381 1 N. & M. 5 3 7.
Based on Bouvier's Law Dictionary, Revised 6th Ed (1856) [Bouvier_Law_Dictionary]:
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EVIDENCE, DIRECT. That which applies immediately to the fadum probandum,
without any intervening process; as, if A testifies he saw B inflict a
mortal wound on C, of which he, instantly died. 1 Greenl. Ev. Sec. 13.
Based on Bouvier's Law Dictionary, Revised 6th Ed (1856) [Bouvier_Law_Dictionary]:
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