Kinds of Evidence

In ascertaining the truth in a judicial proceeding, evidence is generally classified into 3 kinds:

1. Real Evidence – it refers to the thing or corporate object which can be viewed or inspected by the court.

2. Circumstantial Evidence – it indirectly proves a fact in issue based on various

attendant circumstances.

3. Testimonial Evidence – it refers to oral evidence or that which a witness testify

in court. It includes written evidence, such as documentary evidence, depositions and affidavits.

Other classifications of evidence are:

Hearsay evidence;
Evidence aliunde;
Rebuttal evidence.

In the Hierarchy of evidentiary rules:

1. Proof beyond reasonable doubt is the highest, which is required for conviction of an accused in a CRIMINAL case. It is the logical and inevitable result of the evidence on record of the moral certainty of the guilt of the accused.

2. Clear and convincing evidence is often required to overcome a disputable presumption of law, such as the presumption of virginity or the presumption of negligence of common carriers.

3. Preponderance of evidence is the degree of evidence required in CIVIL cases.

4. Substantial Evidence is that which is required to reach a conclusion in ADMINISTRATIVE proceedings.