What is the Evidence in a Lawsuit?

What is the evidence in a lawsuit? Briefly:

1. The evidence includes the testimony of witnesses and the documents (i.e., exhibits) admitted. Thus, a jury may consider only the evidence that the judge has admitted during the trial.

2. Anything the lawyers say is not evidence and isn’t binding.

3. The jury shouldn’t assume from anything the judge has said that the judge may have any opinion about any factual issue in the case. Except for the instructions provided by the judge to the jury concerning the law, the jury should also disregard anything the judge may have said during the trial in arriving at its own decision about the facts.

4. The jurors’ own recollection and interpretation of the evidence is what matters. In considering the evidence, jurors may use reasoning and common sense to make deductions and reach conclusions.

5. Jurors shouldn’t be concerned about whether the evidence is direct or circumstantial. “Direct evidence” is the testimony of a person who asserts that he or she has actual knowledge of a fact, such as an eyewitness. “Circumstantial evidence” is proof of a chain of facts and circumstances that tend to prove or disprove a fact. There’s no legal difference in the weight that may be given to either direct or circumstantial evidence.

Please contact Joel Ewusiak for legal assistance with your particular matter.