Define the following concepts: (1) evidence, (2) proof, (3) testimony, (4) admissibility, (5) materiality, (6) competency of evidence, (7) competency of witnesses, and (8) weight of evidence.

Question

What will be an ideal response?

Answer 1

1. Evidence is anything that logically tends to prove or disprove a fact at issue in a judicial case or controversy. Anything that might have the slightest bearing on the outcome of a case can broadly be classified as evidence.
2. Proof is the combination of all the facts or all the evidence used in determining guilt or innocence of one accused of a crime.
3. Testimony is simply evidence given in oral form. It consists of spoken facts of which witnesses have knowledge.
4. Admissibility is the essence of the rules of evidence that protect the trier of fact from hearing or seeing improper evidence that may be unreliable or untrustworthy and that may prejudice a case unjustifiably against the defendant.
5. Materiality concerns the significance or importance of relevant evidence and determines whether such evidence might have a bearing on the outcome of a case.
6. Competency of evidence relates to the legal significance of evidence to a case and whether, in accordance with the rules of evidence, it is appropriately allowed to be heard or seen by the jury.
7. Competency of witnesses is a determination as to whether witnesses are legally permitted to testify about information they possess. By law, certain individuals may not be permitted to testify because of factors such as age, physical or emotional condition, or relationship with other parties involved in the case.
8. Weight of evidence is one of the most important considerations and deals with the believability of the evidence as determined by the trier of fact. Weight then equates with believability and is determined by the persuasiveness of the individual delivering the evidence and the substance of the evidence itself.