« PreviousContinue »
GENERAL DEFINITIONS. §§ 1823–1839.
TITLE I. OF GENERAL PRINCIPLES. §§ 1844–1870.
TITLE II. KINDS AND DEGREES OF EVIDENCE. Ø§ 1875
TITLE III. PRODUCTION OF EVIDENCE. §§ 1981-2054.
TITLE IV. EFFECT OF EVIDENCE. § 2061.
TITLE V. RIGHTS AND DUTIES OF WITNESSES § 2064
TITLE VI. EVIDENCE IN PARTICULAR CASES, AND GENERAL
PROVISIONS. §§ 2074-2103.
GENERAL DEFINITIONS AND DIVISIONS.
SECTION 1823. Definition of evidence.
1824. Definition of proof.
1825. Definition of law of evidence.
1826. The degree of certainty required to establish facts.
1827. Four kinds of evidence specified.
1828. Several degrees of evidence specified.
1823. Original evidence defined.
1830. Secondary evidence defined.
1838. Cumulative evidence defined.
Judicial evidence is the means, sanctioned by law,
of ascertaining in a judicial proceeding the truth respecting a question of fact.
N. Y. C. C. P. § 1659; Or. C. C. P. § 655.
Proof is the effect of evidence, the establishment of a fact by evidence.
N. Y. C. C. P. § 1660; Or. C. C. P. § 655.
31 Cal. 201.
Ø 1825. The law of evidence, which is the subject of this part of the code, is a collection of general rules established by law
1. For declaring what is to be taken as true without proof. 2. For declaring the presumptions of law, both those which are disputable and those which are conclusive; and,
3. For the production of legal evidence.
4. For the exclusion of whatever is not legal.
5. For determining, in certain cases, the value and effect of evidence.
N. Y. C. C. P. § 1661; Or. C. C. P. § 656.
The law does not require demonstration; that is, such a degree of proof as, excluding possibility of error, produces absolute certainty, because such proof is rarely possible. Moral certainty only is required, or that degree of proof which produces conviction in an unprejudiced mind.
N. Y. C. C. P. § 1662; Or. C. C. P. § 657.
1827. There are four kinds of evidence:
1. The knowledge of the court.
2. The testimony of witnesses.
4. Other material objects presented to the senses.
N. Y. C. C. P. § 1663; Or. C. C. P. § 658
§ 1828. There are several degrees of evidence:
1. Original and secondary.
2. Direct and indirect.
3. Primary, partial, satisfactory, indispensable and conclusive. N. Y. C. C. P. § 1664; Or. C. C. P. § 659.
§ 1829. Original evidence is an original writing or material object introduced in evidence.
N. Y. C. C. P. § 1665; Or. C. C. P. § 660.
1830. Secondary evidence is a copy of such original writ ing or object, or oral evidence thereof.
N. Y. C. C. P. § 1666; Or. C. C. P. § 661.
§ 1831. Direct evidence is that which proves the fact in dispute directly, without an inference or presumption, and which in itself, if true, conclusively establishes that fact. For
example: if the fact in dispute be an agreement, the evidence of a witness who was present and witnessed the making of it, is direct.
N. Y. C. C. P. § 1667; Or. C. C. P. § 662.
Ó 1832. Indirect evidence is that which tends to establish the fact in dispute by proving another, and which, though true, does not of itself conclusively establish that fact, but which affords an inference or presumption of its existence. For ex ample: a witness proves an admission of the party to the fact in dispute. This proves a fact, from which the fact in dispute is inferred.
N. Y. C. C. P. § 1668; Or. C. C. P. § 663.
Ø 1833. Primary evidence is that which suffices for the proof of a particular fact, until contradicted and overcome by other evidence. For example: the certificate of a recording officer is primary evidence of a record, but it may afterwards be rejected upon proof that there is no such record.
N. Y. C. C. P. § 1669; Or. C. C. P. § 664.
1834. Partial evidence is that which goes to establish a detached fact, in a series tending to the fuct in dispute. It may be received, subject to be rejected as incompetent, unless connected with the fact in dispute, by proof of other facts. For example on an issue to title of real property, evidence of the continued possession of a remote occupant is partial, for it is of a detached fact, which may or may not be afterwards connected with the fact in dispute.
N. Y. C. C. P. § 1670; Or. C. C. P. § 665.
That evidence is deemed satisfactory which ordinarily produces moral certainty or conviction in an unprejudiced mind. Such evidence alone will justify a verdict. Evidence less than this is denominated slight evidence.
N. Y. C. C. P. § 1671; Or. C. C. P. § 666.
1836. Indispensable evidence is that without which a particular fact cannot be proved.
N. Y. C. C. P. § 1672; Or. C. C. P. § 667.
Conclusive or unanswerable evidence is that which the law does not permit to be contradicted. For example: the record of a court of competent jurisdiction cannot be contradicted by the parties to it.
N. Y. C. C. P. § 1673; Or. C. C. P. § 668.
1838. Cumulative evidence-is-additional evidence of the same character to the same point.
N. Y. C. C. P. § 1674; Or. C. C. P. § 669.
Corroborative evidence is additional evidence of a
different character, to the same point.
N. Y. C. C. P. § 1675; Or. C. C. P. $ 670.